Estate Planning for Hancock County, West Virginia Property Owners

For most Hancock County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.

Record a TOD deedWhere to recordLocal attorneys

For a Hancock County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Circuit Court. The two tools that keep a Hancock County home out of probate are a transfer-on-death deed recorded with the County Clerk, and a revocable living trust that holds title to the property.

Skipping this planning step means the Circuit Court decides who receives the property: a simple West Virginia probate takes 6+ months and opens with about $76 in court filing fees.

Record a Transfer-on-Death Deed in Hancock County

A transfer on death deed names a beneficiary who receives Hancock County property automatically at the owner's death, without probate. It is recorded with the County Clerk during the owner's lifetime and can be revoked at any time.

Before recording, a West Virginia transfer on death deed is signed with notary acknowledgmentW. Va. Code 36-12-1 to 36-12-17Verified Oct 19, 2026View source. The deed takes effect only if it is recorded before the owner's deathW. Va. Code 36-12-1 to 36-12-17Verified Oct 19, 2026View source.

Create a West Virginia TOD deed →Hancock County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for Hancock County are recorded with the County Clerk at 102 North Court Street, New Cumberland, WV 26047. Phone: 1-304-564-3311 ext. 266. Hours: Monday-Friday 7:30 AM-4:30 PM.

Documents submitted by mail go to P.O. Box 367, New Cumberland, WV 26047.

The County Clerk charges $32 for the first 5 pages plus $1 for each page beyond 5. A 2-page transfer on death deed costs $32 to record in Hancock County. The office also requires a Sales Listing Form (Declaration of Consideration or Value) with the deed, at no charge. A transfer on death deed is exempt from transfer tax.

Recording Office Record

County Clerk

Hancock County

Hours

Monday-Friday 7:30 AM-4:30 PM

Office

102 North Court Street, New Cumberland, WV 26047

Open in Google Maps

Mail

P.O. Box 367 New Cumberland, WV 26047

Fax

1-304-564-5941

Verified October 17, 2026 · Source

Estate Planning Attorneys Serving Hancock County

FirmWheeling, WV

Schrader Duff Law & Lowe, PLLC

Since 1925 · Serves 8 counties

Serves Ohio County from Main Street in Wheeling and practices across Hancock, Brooke, Marshall, Wetzel, Tyler, Monongalia and Harrison counties. Guides executors and administrators through West Virginia probate, from filing the will and appointment through inventory, debts and distribution, and handles will contests, executor disputes and trust litigation. Founded in Wheeling in 1925.

PracticesEstate PlanningProbateProbate LitigationTrust Litigationand 3 more

Office
401 Main StreetWheeling, WV 26003
Free consultation

FirmWheeling, WV

Edmond & Baum, PLLC

Serves Ohio County from Eoff Street in Wheeling and takes cases in West Virginia, Ohio and Pennsylvania. Partners J. Anthony Edmond Jr. and Michael B. Baum draft wills, revocable, irrevocable, testamentary and special needs trusts, and powers of attorney alongside oil-and-gas and real estate title work.

PracticesEstate PlanningSpecial Needs PlanningBusiness LawReal Estate

Office
1413 Eoff Street, First FloorWheeling, WV 26003
Free consultation

FirmWeirton, WV

Frankovitch, Anetakis, Simon, Decapio & Pearl, LLP

Since 1967

Serves Hancock County from Weirton, with offices in Chester and Wheeling. Litigates contested wills and trusts, claims against estates, breach-of-fiduciary-duty claims and guardianship disputes, and sets up estate plans that account for Medicaid and business succession. In practice since 1967.

PracticesEstate PlanningProbateProbate LitigationTrust Litigationand 3 more

Office
337 Penco RoadWeirton, WV 26062
Free consultation

FirmWheeling, WV

Kahle Law Office

Serves northern West Virginia and east central Ohio from Fourteenth Street in Wheeling. Handles probate and estate administration, trust administration and contested estates, with trial lawyers who take disputes in the administration or probate process to court, alongside wills, trusts and powers of attorney.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 2 more

Office
78 Fourteenth StreetWheeling, WV 26003

Solo PracticeWeirton, WV

Pam Zagula Attorney at Law

Serves Weirton and the surrounding tri-state area from Pennsylvania Avenue, practicing in West Virginia, Ohio and Pennsylvania. Pam Zagula prepares Medicaid applications and nursing-home asset protection plans alongside wills and revocable living trusts, and visits clients in nursing homes and at home. Practicing law since 1994 and a member of the National Academy of Elder Law Attorneys.

PracticesEstate PlanningElder LawAsset ProtectionMedicaid PlanningReal Estate

Office
3660 Pennsylvania AvenueWeirton, WV 26062
Free consultation

FirmWeirton, WV

Rokisky, McCune, Wilharm, Blair & Risovich PPLC

Serves Hancock County from Weirton, with offices in Wheeling and Clarksburg. Handles estate administration and probate alongside elder law, including nursing-home Medicaid eligibility, special needs trusts and transfer-on-death deeds, and an accredited VA attorney assists veterans seeking long-term care benefits.

PracticesEstate PlanningProbateElder LawSpecial Needs Planningand 2 more

Office
3200 Main StreetWeirton, WV 26062
Free consultation
See all 19 firms serving Hancock County →

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.

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Legal Sources

Data sourced from West Virginia statutes and official state code. How we research.

Forms for Planning Your Estate in West Virginia

Free forms for planning your estate in West Virginia: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for West Virginia.

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Last Will and Testament

In West Virginia, a will is signed before 2W.Va. Code § 41-1-3Verified Oct 19, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavitW.Va. Code § 41-1-3Verified Oct 19, 2026View source.

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Codicil to a Will

In West Virginia, a codicil is signed before 2W.Va. Code § 41-1-3Verified Oct 19, 2026View source witnesses, like a will.

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Healthcare Power of Attorney

West Virginia requires 2W. Va. Code § 16-30-4(g)-(i)Verified Oct 15, 2026View source witnesses and notarizationW. Va. Code § 16-30-4(g)-(i)Verified Oct 15, 2026View source for a healthcare power of attorney.

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HIPAA Release

In West Virginia, a HIPAA release names who may receive your records and, as the state requires, names HIV/AIDS-related informationW. Va. Code § 16-3C-3(a)(3)Verified Jun 19, 2026View source expressly before a provider releases it.

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Financial Power of Attorney

West Virginia treats a power of attorney as durable by defaultW.Va. Code § 39B-1-105Verified Oct 21, 2026View source, and it is signed before a notaryW.Va. Code § 39B-1-105Verified Oct 21, 2026View source.

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Transfer on Death Deed

In West Virginia, a transfer on death deed is signed before a notaryW. Va. Code 36-12-1 to 36-12-17Verified Oct 19, 2026View source, then recorded with the county before the owner's deathW. Va. Code 36-12-1 to 36-12-17Verified Oct 19, 2026View source. West Virginia does not recognize a Lady Bird deed.

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Living Will

In West Virginia, the living will is the Living WillW. Va. Code Chapter 16, Article 30 (West Virginia Health Care Decisions Act), §§ 16-30-1 to 16-30-25; execution and forms § 16-30-4Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.

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Pour-Over Will

In West Virginia, a pour-over will is signed before 2W.Va. Code § 41-1-3Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.

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Tools for Planning Your Estate in West Virginia

Free tools for planning your estate in West Virginia: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for West Virginia.

How Do I Sign Estate Documents?

In West Virginia, a will is signed before 2W.Va. Code § 41-1-3Verified Oct 19, 2026View source witnesses, and notarization is not requiredW.Va. Code § 41-1-3Verified Oct 19, 2026View source.

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Will My Estate Documents Transfer?

West Virginia has no statute recognizing a will by the law of the place where it was signedW.Va. Code § 41-1-5Verified Oct 19, 2026View source, so a will used here is tested against its own rule: 2W.Va. Code § 41-1-3Verified Oct 19, 2026View source witnesses, and notarization is not requiredW.Va. Code § 41-1-3Verified Oct 19, 2026View source.

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Trust or Will: Which Costs Less?

In West Virginia, a will-based plan pays probate attorney fees of 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 the estate; a funded revocable trust keeps those assets out of probate and off that fee.

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How Much Does a Revocable Living Trust Cost?

An attorney-prepared revocable living trust in West Virginia runs $2,870Estimate: 10 hours at $287, Clio's West Virginia Wills and Estates rate (no Trusts rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,305Estimate: 15 hours at $287, Clio's West Virginia Wills and Estates rate (no Trusts rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.

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How Much Does a Will Cost?

An attorney-prepared will in West Virginia runs $861Estimate: 3 hours at $287, Clio's West Virginia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,722Estimate: 6 hours at $287, Clio's West Virginia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $30,331W.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)Verified Sep 9, 2026View source.

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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

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How Do I Name a Guardian for My Minor Children?

In West Virginia, a parent names a guardian for a minor child in a willW. Va. Code §§ 44-10-1, 44-10-2, 44-10-3Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18W. Va. Code § 2-3-1Verified Sep 16, 2026View source.

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Do I Need a Revocable Trust?

Probate in West Virginia takes 6 months to 9 months for a simple estate and charges attorney fees of 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 the estate; assets held in a revocable trust skip both.

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