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 Hardy County, West Virginia
How probate works in Hardy County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Hardy County Circuit Court
Hardy County · Twenty-Sixth Judicial Circuit
Phone
Hours
Monday-Friday 8:30 AM-4:00 PM
Office
Hardy County Courthouse, 204 Washington Street, Moorefield, WV 26836
Website
Filing in person
Appointment required
Self-represented filing
Allowed
Self-help forms
Filing in person
Appointment requiredCall the County Clerk at 304-530-0250 to book an appointment to open an estate. Estate filings are completed by appointment.
Self-represented filing
AllowedThe Clerk publishes self-guided "Probate Process" documents for testate, intestate, and non-resident estates, plus appraisement forms and an estate help document.
Accepted payment
- At the counterCash, Check.The County Clerk accepts cash or check for the fee paid at qualification.
County forms
- Probate Process: Testate (with a will)County instructions for qualifying as personal representative when there is a will
- Probate Process: Intestate (no will)County instructions for qualifying as administrator when there is no will
- Probate Process: Non-ResidentCounty instructions for an estate of a decedent who lived outside West Virginia
Fax
1-304-530-0231
Departments
- County Clerk - Estate Administration / Probate1-304-530-0250 · 204 Washington Street, Room 111 · hdyclerk@court.state.wv.us · Monday-Friday 9:00 AM-4:00 PMEstates are opened here by appointment. The person qualifying brings the original death certificate, the original will if there is one, and photo identification.
About the court
- Hardy County shares the Twenty-Sixth Judicial Circuit with Hampshire and Pendleton Counties.
Verified October 15, 2026 · Source
How Probate Works in Hardy 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 Hardy County, probate runs through the Circuit Court at Hardy County Courthouse, 204 Washington Street, Moorefield. The court sits in the Twenty-Sixth Judicial Circuit. The same Twenty-Sixth Judicial Circuit also serves Hampshire 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 Hardy County
What probate costs in Hardy 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 Hardy County Courthouse, 204 Washington Street, Moorefield. The court is part of the Twenty-Sixth 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 Hardy 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 - Estate Administration / 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 Hardy County Self-Filing Assessment.
Hardy 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.
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 Hardy County
In West Virginia a death is registered locally, and in Hardy County certified copies of the death certificate are issued by Hardy County Clerk as well as by West Virginia Department of Health - Vital Registration Office.
Vital Records Office Record
County Clerk
Hardy County · Hardy County Clerk
Phone
Hours
Monday-Friday 9:00 AM-4:00 PM
Office
204 Washington Street, Room 111, Moorefield, WV 26836
Website
Fax
1-304-530-0251
Certified copy fees
| First certified copy | $5 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
State Medical Examiner
Hardy 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 Hardy 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 Hardy County are recorded with the County Clerk at 204 Washington Street, Room 111, Moorefield, WV 26836. Phone: 1-304-530-0250. Hours: Monday-Friday 9:00 AM-4:00 PM.
The County Clerk charges $32 for the first 5 pages plus $1 for each page beyond 5.
Hardy County accepts electronic recording through CSC.
Recording Office Record
County Clerk
Hardy County
Phone
Hours
Monday-Friday 9:00 AM-4:00 PM
Office
204 Washington Street, Room 111, Moorefield, WV 26836
Website
E-recording
Fax
1-304-530-0251
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 Hardy County
West Virginia allows informal probate, so many families settle straightforward estates in Hardy 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 Hardy 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)
- Hardy County Circuit Court, official page
- Hardy County Clerk, official page
- Hardy 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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