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 Hampshire County, West Virginia
How probate works in Hampshire County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Hampshire County Circuit Court
Hampshire County · Twenty-Sixth Judicial Circuit
Phone
Office
Hampshire County Judicial Center, 50 South High Street, Suite 157, Romney, WV 26757
Website
Self-represented filing
Allowed
Self-help forms
Self-represented filing
AllowedThe County Clerk's Fiduciary & Probate page hosts an Estate Information Form, a step-by-step account of the probate process, and a link to the West Virginia Appraisement and Nonprobate Inventory form.
Accepted payment
- At the counterCash, Check.The Probate Office accepts cash or check.
County forms
- Estate Information FormPre-appointment estate intake worksheet
P.O. Box 343
Romney, WV 26757
Fax
1-304-822-8257
Departments
- County Clerk - Fiduciary / Probate1-304-822-5112 · 19 East Main Street · Monday-Friday 8:00 AM-4:00 PMIn West Virginia, admitting a will and opening an estate are handled by the County Clerk, not the Circuit Court.
About the court
- Hampshire County shares the Twenty-Sixth Judicial Circuit with Hardy and Pendleton Counties.
Verified October 15, 2026 · Source
How Probate Works in Hampshire 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 Hampshire County, probate runs through the Circuit Court at Hampshire County Judicial Center, 50 South High Street, Suite 157, Romney. The court sits in the Twenty-Sixth Judicial Circuit. Hampshire County shares the Twenty-Sixth Judicial Circuit with Hardy and Pendleton.
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 Hampshire County
What probate costs in Hampshire 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 Hampshire County Judicial Center, 50 South High Street, Suite 157, Romney. The court is part of the Twenty-Sixth Judicial Circuit.
Procedures at this court that affect cost: Notice of administration, a 60-day wait, and a 10-day hold before the Commission confirms.
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 Hampshire County are filed at the Circuit Court. File in person during business hours or by mail. The court sits in the Twenty-Sixth Judicial Circuit.
Beside the filing office, the court lists a separate line for County Clerk - Fiduciary / 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 Hampshire County Self-Filing Assessment.
Hampshire 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
A will probated in another state needs an exemplified copy; an administrator's surety owns Hampshire real estate
A will already probated in another state is presented as an exemplified (triple-seal) copy, not an attested copy. Without a will, the administrator brings a person who owns real estate in Hampshire County to sign the bond; an out-of-state resident is bonded through a bonding or insurance company.
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 Hampshire County
In West Virginia a death is registered locally, and in Hampshire County certified copies of the death certificate are issued by Hampshire County Clerk's Office as well as by West Virginia Department of Health - Vital Registration Office.
Vital Records Office Record
County Clerk
Hampshire County · Hampshire County Clerk's Office
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
19 East Main Street, Romney, WV 26757
Website
P.O. Box 806
Romney, WV 26757
Fax
1-304-822-4039
Local rule
- The Clerk holds records of deaths that occurred in Hampshire County only.
Certified copy fees
| First certified copy | $5 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
State Medical Examiner
Hampshire 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 Hampshire 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 Hampshire County are recorded with the County Clerk at 19 East Main Street, Romney, WV 26757. Phone: 1-304-822-5112. Hours: Monday-Friday 8:00 AM-4:00 PM.
Documents submitted by mail go to P.O. Box 806, Romney, WV 26757.
The County Clerk charges $32 for the first 5 pages plus $1 for each page beyond 5.
Recording Office Record
County Clerk
Hampshire County
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
19 East Main Street, Romney, WV 26757
Website
P.O. Box 806
Romney, WV 26757
Fax
1-304-822-4039
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 Hampshire County
West Virginia allows informal probate, so many families settle straightforward estates in Hampshire 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 Hampshire 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)
- Hampshire County Circuit Court, official page
- Hampshire County Clerk, official page
- Hampshire 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.
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