Serves Jefferson, Berkeley, Morgan, Hampshire and Hardy counties from Charles Town. Drafts wills, trusts, medical powers of attorney and living wills, with discounted estate planning rates for first responders. Estate planning sits beside a personal injury and civil litigation practice.
What to Do When Someone Dies in Berkeley County, West Virginia
How probate works in Berkeley County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Berkeley County Circuit Court
Berkeley County · Twenty-Seventh Judicial Circuit
Phone
Office
Berkeley County Judicial Center, 380 West South Street, Suite 2200, Martinsburg, WV 25401
Website
Self-represented filing
Allowed
Self-help forms
Self-represented filing
AllowedThe Wills & Estates page hosts a Probate Checklist (with and without a will), a Probate Overview, a Small Estates overview, a Fiduciary Fee Schedule, insolvent-estate information and blank appraisement forms. Staff assist with the probate process but do not give legal advice.
Accepted payment
- At the counterCash, Check, Money order.The appointment and recording fees are due at the appointment, payable to the Berkeley County Clerk. The office takes cash, check or money order.
County forms
- Fiduciary Commissioner HandoutGuidance on estate administration and creditor claims
- Probate Checklist With a WillRequirements, estate estimate and beneficiary list for qualifying as executor
- Probate Checklist With No WillRequirements, heir consent waiver and heir list for qualifying as administrator
- Appraisement Documents (Blank)Estate appraisement and nonprobate inventory
Fax
1-304-262-3139
Departments
- Office of the Fiduciary Supervisor & Probate1-304-267-3001 · 400 West Stephen Street, Suite 107Probate / estate openings are handled here (County Clerk function), separate from the Circuit Court at the Judicial Center. County Clerk main office is Suite 103, 304-264-1927.
About the court
- Berkeley County shares the Twenty-Seventh Judicial Circuit with Morgan County.
Verified October 15, 2026 · Source
How Probate Works in Berkeley County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Berkeley County, probate runs through the Circuit Court at Berkeley County Judicial Center, 380 West South Street, Suite 2200, Martinsburg. The court sits in the Twenty-Seventh Judicial Circuit. Berkeley County shares the Twenty-Seventh Judicial Circuit with Morgan.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under West Virginia intestacy law when there is no will.
Most West Virginia estates take 9 months to 15 months to move through this process. Creditors have 2 monthsW. Va. Code §§ 44-1-14a, 44-2-4, 44-2-21, 44-2-26Verified Oct 19, 2026View source to present a claim, counted from the first publication of the notice to creditors.
What Probate Costs in Berkeley County
What probate costs in Berkeley County, West Virginia comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Circuit Court at Berkeley County Judicial Center, 380 West South Street, Suite 2200, Martinsburg. The court is part of the Twenty-Seventh Judicial Circuit.
The Circuit Court charges $76 - $226 (based on estate value)W. Va. Code §§ 44-3A-42, 59-1-10, 5A-8-15, 44-2-1Verified Oct 17, 2026 to open a probate case. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in West Virginia are negotiated, typically 1.6%Modeled estimate under W.Va. Code § 44-4-12 (attorney fees as reasonable expenses of the fiduciary, allowed by the fiduciary commissioner; no statutory schedule); § 44-3A-42(c) (fee vouchers); § 44-2-1(a) ($300 ceiling): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source to 2.6%Modeled estimate under W.Va. Code § 44-4-12 (attorney fees as reasonable expenses of the fiduciary, allowed by the fiduciary commissioner; no statutory schedule); § 44-3A-42(c) (fee vouchers); § 44-2-1(a) ($300 ceiling): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
West Virginia sets executor compensation by statute — about $20,000 on a $500,000 estate, roughly 4.0%W.Va. Code § 44-4-12a(a) (5% first $100K, 4% to $400K, 3% to $800K, 2% above $800K, on personal estate and real estate sold); §§ 44-4-12a(b) (unsold real estate 1%), 44-4-12a(d), 44-4-12a(f)Verified Sep 9, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
West Virginia requires publishing notice to creditors in a local newspaper, and the estate pays for it.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under W.Va. Code § 44-1-6 (bond required unless excused by § 44-1-8); § 44-1-7 (penalty at least the full value of the personal estate); § 44-1-8 (will may direct no bond; no surety for a sole distributee)Verified Sep 9, 2026View source of estate value annually.
Probate in West Virginia typically runs 9 months to 15 months, and costs accrue throughout that period.
How to File Probate at the Circuit Court
Probate cases in Berkeley County are filed at the Circuit Court. File in person during business hours or by mail. The court sits in the Twenty-Seventh Judicial Circuit.
Beside the filing office, the court lists a separate line for Office of the Fiduciary Supervisor & Probate.
Can You File Without an Attorney?
West Virginia has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableW.Va. Code § 44-12-1 (clerk of the county commission admits wills and qualifies executors and administrators in vacation, ex parte); § 44-1-4(a) (the county commission or its clerk during recess)Verified Sep 9, 2026View source.
For a full cost comparison and filing checklist, see the Berkeley County Self-Filing Assessment.
Berkeley County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Probate handled by County Clerk, not Circuit Court
In West Virginia, the County Commission has jurisdiction over the probate of wills, and its clerk can admit a will to probate without notice to anyone. A will contest is a separate complaint filed in the Circuit Court of the county where probate was allowed or denied, within six months of the County Commission's order.
SourceDocument Requirements
Death certificate must show Berkeley County residence; non-residents post a corporate bond
The Berkeley fiduciary office requires a state-issued death certificate that lists Berkeley County as the decedent's residence. A will generally waives surety for the named executor; otherwise a surety bond is required unless the applicant is the sole beneficiary or sole heir. A West Virginia resident may post a property bond through a person who owns real estate or a corporate bond, and a non-resident posts a corporate bond.
SourceWhat to Bring
Filed with the opening petition at the Circuit Court: Certified copy of the death certificate (W. Va. Code §44-1-30); Original will and any codicils, delivered to the clerk of the county commission within 30 days after the death is known to the custodian (W. Va. Code §41-5-1); Oath of executor (W. Va. Code §44-1-3) or oath of administrator (W. Va. Code §44-1-6), signed at qualification; Affidavit showing heirs, distributees, devisees, and legatees (W. Va. Code §44-1-13); Fiduciary bond unless waived (W. Va. Code §§ 44-1-6, 44-1-8)W. Va. Code §§ 44-1-1 to 44-1-14 (qualification, oath, bond, letters); § 44-1-31 (oath/bond may be taken before any officer authorized to administer oaths); §§ 41-5-1 et seq. (admission of wills to probate); § 44-1-4 (intestate administration & priority)Verified Aug 24, 2026View source.
Death Certificates and the Medical Examiner in Berkeley County
In West Virginia a death is registered locally, and in Berkeley County certified copies of the death certificate are issued by Berkeley County Clerk's Office, Vital Statistics as well as by West Virginia Department of Health - Vital Registration Office.
Vital Records Office Record
County Clerk
Berkeley County · Berkeley County Clerk's Office, Vital Statistics
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
400 West Stephen Street, Suite 103, Martinsburg, WV 25401
Website
Certified copies
At the counter, issued while you wait
Fax
1-304-267-1794
Local rule
- A request in person may take up to 15 minutes. A request by mail may take five days or longer.
Certified copy fees
| First certified copy | $5 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
State Medical Examiner
Berkeley County · Office of the Chief Medical Examiner
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
619 Virginia Street West, Charleston, WV 25302
Website
Serves this county
Office of the Chief Medical Examiner
Verified November 2, 2026 · Source
Transferring Property in Berkeley County
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Clerk.
Deeds and other real property documents for Berkeley County are recorded with the County Clerk at 400 West Stephen Street, Suite 103, Martinsburg, WV 25401. Phone: 1-304-264-1927. Hours: Monday-Friday 8:00 AM-5:00 PM.
The County Clerk charges $32 for the first 5 pages plus $1 for each page beyond 5.
Berkeley County accepts electronic recording through CSC.
Recording Office Record
County Clerk
Berkeley County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
400 West Stephen Street, Suite 103, Martinsburg, WV 25401
Website
E-recording
Fax
1-304-267-1794
Recording fees
| Base fee (first 5 pages) | $32 |
| Each page beyond 5 | $1 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
W. Va. Code 59-1-10(a)(1), (a)(7); W. Va. Code 5A-8-15(h)
Verified October 17, 2026 · Source
Probate Attorneys Serving Berkeley County
West Virginia allows informal probate, so many families settle straightforward estates in Berkeley County without hiring an attorney. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in West Virginia are based on reasonable compensation, billed hourly or as a flat fee. Ask a Berkeley County firm to quote a structure up front.
A probate attorney files the petition with the Circuit Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Serves Berkeley County from Martinsburg. Handles probate and estate administration, guardianship and conservatorship, and asset protection and Medicaid planning alongside wills and trusts. Attorney Jamie L. Hill is a CPA, and of counsel Heather Dern Myers managed bank trust departments for over 25 years before practicing law.
Serves clients across the Eastern Panhandle from Martinsburg. Prepares wills and powers of attorney and guides clients through probate and estate administration. Patrick G. Henry III is a former West Virginia circuit court judge and a mediator.
Practices from Martinsburg, an office Steptoe & Johnson opened in the Eastern Panhandle in 1990. Attorneys Kelsey Swaim Miller and Shelby R. Turley prepare estate plans alongside commercial lending and real estate work; the firm's estate administration and probate litigation team sits in its other offices.
Serves Kanawha County from Charleston, with West Virginia offices in Martinsburg, Morgantown and Parkersburg. Its Private Client Services lawyers advise executors and trustees through estate and trust administration, handle estate and gift tax matters, and represent fiduciaries and beneficiaries in will and trust contests. Founded in 1920.
Serves Kanawha County and clients statewide from Charleston. Guides executors and trustees through probating a will, notifying creditors and distributing assets, drafts wills, trusts and transfer-on-death deeds, and represents clients in will contests and fiduciary-duty disputes. Managing member Christopher J. Winton was appointed Chair of the West Virginia State Bar Probate Committee in 2019.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Legal Sources
(9)·
- W. Va. Code §§ 44-1-1 to 44-1-14 (qualification, oath, bond, letters); § 44-1-31 (oath/bond may be taken before any officer authorized to administer oaths); §§ 41-5-1 et seq. (admission of wills to probate); § 44-1-4 (intestate administration & priority)
- W. Va. Code §§ 44-1-14a, 44-2-4, 44-2-21, 44-2-26
- W. Va. Code §§ 44-3A-42, 59-1-10, 5A-8-15, 44-2-1
- W.Va. Code § 44-12-1 (clerk of the county commission admits wills and qualifies executors and administrators in vacation, ex parte); § 44-1-4(a) (the county commission or its clerk during recess)
- W.Va. Code § 44-4-12a(a) (5% first $100K, 4% to $400K, 3% to $800K, 2% above $800K, on personal estate and real estate sold); §§ 44-4-12a(b) (unsold real estate 1%), 44-4-12a(d), 44-4-12a(f)
- W. Va. Code 59-1-10(a)(1), (a)(7); W. Va. Code 5A-8-15(h)
- Berkeley County Circuit Court, official page
- Berkeley County Clerk, official page
- Berkeley County vital records and death investigation offices, official page
Data sourced from West Virginia statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in West Virginia
Free tools for settling an estate in West Virginia: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool.
How Do I Settle an Estate?
Settling an estate in West Virginia: the personal representative files the estate inventory within 90 daysW. Va. Code § 44-1-14Verified Sep 15, 2026View source of appointment; creditors have 2 monthsW. Va. Code §§ 44-1-14a, 44-2-4, 44-2-21, 44-2-26Verified Oct 19, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in West Virginia happens outside court: the trustee acts under the state's Uniform Trust CodeW. Va. Code § 44D-1-101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
West Virginia has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableW.Va. Code § 44-12-1 (clerk of the county commission admits wills and qualifies executors and administrators in vacation, ex parte); § 44-1-4(a) (the county commission or its clerk during recess)Verified Sep 9, 2026View source.
Get the Answer
Hire a West Virginia Probate Attorney
Browse vetted West Virginia attorneys handling probate matters.
Browse firms
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
Is this your situation?
Get a complete guide for your specific circumstances.
