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What to Do When Someone Dies in Morgan County, West Virginia
How probate works in Morgan County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Morgan County Circuit Court
Morgan County · Twenty-Seventh Judicial Circuit
Phone
Hours
Monday-Friday 9:00 AM-5:00 PM
Office
Morgan County Courthouse, 77 Fairfax Street, Room 302, Berkeley Springs, WV 25411
Website
Filing in person
Appointment required
Self-represented filing
Allowed
Self-help forms
Filing in person
Appointment requiredAn in-person meeting with the Probate Department is by appointment; call 304-258-8547 to schedule one. Bring the original will if there is one, a copy of the death certificate and the names and mailing addresses of all beneficiaries or heirs. Without a will, bring a person who owns real estate in Morgan County to sign as surety on the bond, or arrange corporate surety through a local insurance agency.
Self-represented filing
AllowedThe Clerk publishes a downloadable probate guide for self-represented filers.
County forms
- Morgan County Probate GuideCounty guide to opening and settling an estate
Fax
1-304-258-7319
Departments
- County Clerk - Probate Department1-304-258-8547 · 77 Fairfax Street, Suite 1A · Monday-Friday 9:00 AM-5:00 PMThe Probate Department is in the historic Morgan County Courthouse and supervises fiduciaries and fiduciary commissioners. Creditor notices run in the Morgan Messenger on the first Wednesday of each month.
About the court
- Morgan County shares the Twenty-Seventh Judicial Circuit with Berkeley County.
Verified October 15, 2026 · Source
How Probate Works in Morgan 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 Morgan County, probate runs through the Circuit Court at Morgan County Courthouse, 77 Fairfax Street, Room 302, Berkeley Springs. The court sits in the Twenty-Seventh Judicial Circuit. The same Twenty-Seventh Judicial Circuit also serves Berkeley.
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 Morgan County
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, Room 302, Berkeley Springs. The court is part of the Twenty-Seventh Judicial Circuit.
Procedures at this court that affect cost: Fiduciary committee for larger estates with more than one heir.
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 Morgan County are filed at the Circuit Court. File in person during business hours or by mail. The court sits in the Twenty-Seventh Judicial Circuit.
Beside the filing office, the court lists a separate line for County Clerk - Probate Department.
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 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, 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 Morgan County
In West Virginia a death is registered locally, and in Morgan County certified copies of the death certificate are issued by Morgan County Clerk as well as by West Virginia Department of Health - Vital Registration Office.
Vital Records Office Record
County Clerk
Morgan County · Morgan County Clerk
Phone
Hours
Monday-Friday 9:00 AM-5:00 PM
Office
77 Fairfax Street, Room 102, Berkeley Springs, WV 25411
Website
Fax
1-304-258-8545
Certified copy fees
| First certified copy | $5 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
State Medical Examiner
Morgan 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 Morgan 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 Morgan County are recorded with the County Clerk at 77 Fairfax Street, Room 102, Berkeley Springs, WV 25411. Phone: 1-304-258-8547. Hours: Monday-Friday 9:00 AM-5:00 PM.
The County Clerk charges $32 for the first 5 pages plus $1 for each page beyond 5.
Recording Office Record
County Clerk
Morgan County
Phone
Hours
Monday-Friday 9:00 AM-5:00 PM
Office
77 Fairfax Street, Room 102, Berkeley Springs, WV 25411
Website
Fax
1-304-258-8545
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 Morgan County
West Virginia allows informal probate, so many families settle straightforward estates in Morgan 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 Morgan 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)
- Morgan County Circuit Court, official page
- Morgan County Clerk, official page
- Morgan 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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