How Much Does Probate Cost in Morgan County, West Virginia?
Understanding what probate costs before you start helps you plan and avoid surprises. Here's what families in Morgan County can expect.
What probate costs in Morgan 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 Morgan County Courthouse, 77 Fairfax Street, Berkeley Springs. The court is part of the Twenty-Seventh Judicial Circuit.
Probate matters are handled through the County Clerk - Probate Department. Filing and payment go through these offices, not the main clerk window.
Local procedures at this court: Probate handled by County Clerk, not Circuit Court; Will custodian must deliver the will within 30 days of death; Estate-opening fees are set by the County Clerk and vary by county. These are county-specific and not posted on the statewide court site.
The Circuit Court charges $95 - $245 (based on estate value)W. Va. Code § 44-3A-42; county clerk fee schedules (locally set)Verified May 27, 2026 to open a probate case. Additional filings during administration — inventory, accounting, the final petition — add to the total.
The Circuit Court accepts e-filing (https://efile.courtswva.com). Paper filing remains available for self-represented filers.
Estimate the costs for this estate:
Attorney fees in West Virginia are negotiated, typically 2%W.Va. Code § 44-4-12 (reasonable compensation for attorneys; no statutory attorney fee schedule)Verified May 27, 2026 to 4%W.Va. Code § 44-4-12 (reasonable compensation for attorneys; no statutory attorney fee schedule)Verified May 27, 2026 of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is also statutory in West Virginia, typically 2%W.Va. Code § 44-4-12A (5% on first $100K, 4% on $100K-$400K, 3% on $400K-$800K, 2% above $800K; plus 1% on unsold real estate and non-administered federally taxable property per § 44-4-12A(b))Verified May 27, 2026 to 5%W.Va. Code § 44-4-12A (5% on first $100K, 4% on $100K-$400K, 3% on $400K-$800K, 2% above $800K; plus 1% on unsold real estate and non-administered federally taxable property per § 44-4-12A(b))Verified May 27, 2026 of estate value. Family executors who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
West Virginia requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%W.Va. Code § 44-1-7Verified May 27, 2026 of estate value annually.
Probate in West Virginia typically runs 9 monthsW.Va. Code §§ 44-1A-1Verified May 27, 2026 to 15 monthsW.Va. Code §§ 44-1A-1Verified May 27, 2026, and costs accrue throughout. The 2 monthsW.Va. Code § 44-1-14aVerified May 27, 2026 creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
Legal Sources
- W. Va. Code § 44-3A-42; county clerk fee schedules (locally set)
- W.Va. Code § 44-1-14a
- W.Va. Code § 44-1-7
- W.Va. Code § 44-4-12 (reasonable compensation for attorneys; no statutory attorney fee schedule)
- W.Va. Code § 44-4-12A (5% on first $100K, 4% on $100K-$400K, 3% on $400K-$800K, 2% above $800K; plus 1% on unsold real estate and non-administered federally taxable property per § 44-4-12A(b))
- W.Va. Code §§ 44-1A-1
Data sourced from West Virginia statutes and official state code. How we research.
Frequently Asked Questions
Total probate costs usually run 3–8% of the estate value. For Morgan County, that means filing fees (about $247 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
The petition to open probate costs about $247 in Morgan County. Additional filings during administration (inventory, accounting, final petition) can add to the total. The calculator above shows the full picture.
West Virginia uses "reasonable fees" — usually hourly billing or a percentage of the estate. Typical range is 2%–4% of estate value, negotiable based on complexity.
West Virginia caps executor compensation by statute — the same schedule used for attorney fees in many states. Executors can waive this fee, which often makes sense for family members who are also beneficiaries.
Yes. West Virginia estates under $50,000 can use a Small Estate Affidavit and avoid most probate costs. Check the West Virginia self-filing assessment to see if this applies.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of Morgan County probate.
Morgan County Payment Requirements
This county has specific payment deadlines and requirements. Missing these can delay your filing.
Payment & Fees
Estate-opening fees are set by the County Clerk and vary by county
West Virginia has no uniform statewide probate fee. The County Clerk charges a fee to open an estate that varies by county; Jefferson County, for example, reports a typical estate-opening fee of about $80 to $100, and roughly $14 to $50 for a small estate. The County Clerk also charges a recording fee for the will under W. Va. Code 59-1-10, including $1 for each page beyond the first five. Confirm current fees with the County Clerk.
Source: W. Va. Code 59-1-10; Jefferson County Clerk
Circuit Court
Morgan County
Morgan County Courthouse, 77 Fairfax Street
Berkeley Springs, WV 25411
Phone:
304-258-8554Fax:
304-258-7319
Hours:
Contact court for hours
Paper Filing Available
E-Filing Optional
Notify Banks & Financial Institutions
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