How Do I File Probate in Morgan County, West Virginia?
A step-by-step guide to filing at the Circuit Court—what documents you'll need, where to go, and what happens after you file.
Probate documents in Morgan County can be filed in person at the Circuit Court, by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available. The court sits in the Twenty-Seventh Judicial Circuit.
Filings here are routed through the County Clerk - Probate Department. Confirm with the office which intake handles the petition type you're filing.
Your Filing Options
How to File Your Documents
Paper Filing Available
You can file your probate documents in person at the court or by mail.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationCan You File Without an Attorney?
Not every estate requires an attorney. Factors like estate size, asset types, and whether beneficiaries agree can determine if self-filing at the Circuit Court is realistic for your situation.
The Clerk publishes a downloadable probate guide for self-represented filers.
Get the Morgan County probate forms →For a detailed cost comparison and filing checklist, see the full Morgan County Self-Filing Assessment.
Morgan 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, uncontested probate (wills, estate administration, inventories) is handled by the County Clerk's fiduciary/probate office, not the Circuit Court. Circuit Courts handle contested matters such as will contests and disputed estate proceedings.
Source: W. Va. Code 44-1-1 et seq.
Will custodian must deliver the will within 30 days of death
A person who has custody of a will must, within 30 days after learning of the testator's death, deliver the will to the County Clerk or to the executor named in the will. The will is then presented to the County Clerk to be admitted to probate; a certified copy of the death certificate is required.
Source: W. Va. Code 41-5-1
Small Estate Act: under $50,000 personal property, no real property
A small estate qualifies for the simplified affidavit process under the West Virginia Small Estate Act when the aggregate fair market value of all probate personal property does not exceed $50,000. Effective July 9, 2025 (HB 2867), an estate that includes any probate real property no longer qualifies as a small estate. No bond is required for small estates.
Source: W. Va. Code 44-1A-2
Document Requirements
Estate appraisement and inventory due within 90 days
The personal representative must return the appraisement form (the original plus two copies) and the notarized nonprobate inventory to the County Clerk or fiduciary supervisor within 90 days of the date of qualification. The forms list all real estate, bank accounts, and personal property at fair market value.
Source: W. Va. Code 44-1-14
Morgan County Forms
This county uses specific forms in addition to state-standard forms. Using the correct forms helps avoid delays or rejected filings.
Morgan County Probate Guide
DownloadCounty guide to opening and settling an estate
In-Person Filing
The Circuit Court is located at Morgan County Courthouse, 77 Fairfax Street, Berkeley Springs, WV 25411. Phone: 304-258-8554. Hours: Contact court for hours.
Before You Go
Appointment required
An appointment is required to file in person. To speak with the Probate Department in person you must call 304-258-8547 to schedule an appointment. Bring the original will (if any), a death certificate copy, and a list of beneficiaries/heirs with addresses; if no will, bring a Morgan County real-estate owner for bonding.
What to Bring
To file at the Circuit Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Court Resources
Additional resources, forms, and fee schedules are available on the Circuit Court website.
Court information verified June 2, 2026 · Source
Frequently Asked Questions
You open probate by filing a petition with the Circuit Court in Morgan County, attaching the original will (if any), the death certificate, and the filing fee (about $247). Once the court issues letters, the personal representative can act.
At minimum: petition for probate, application for letters testamentary or of administration, notice to heirs, and an oath for the personal representative. Morgan County uses the standard West Virginia probate forms — the court's website lists the current versions.
West Virginia permits self-representation, but formal probate procedures make it impractical for most families. The Circuit Court staff can accept filings but cannot give legal advice. Check the West Virginia self-filing assessment before deciding.
Yes. The Circuit Court in Morgan County accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Assets stay locked, creditors can still pursue them, and beneficiaries cannot sell real property or close accounts. After a few years, interested parties can petition to open probate themselves. Waiting rarely helps. Families who set up a revocable living trust ahead of time bypass this problem entirely.
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
Each institution has a separate death claim process. Find yours below.
Is this your situation?
Get a complete guide for your specific circumstances.
Named as Executor
Being named executor means navigating probate, managing assets, and distributing the estate. What's expected, what you can charge, and how to start.
Learn more
Death of a Parent
Losing a parent is overwhelming. What needs to happen next — settling the estate, navigating probate, and the steps to move forward.
Learn more
