Overview
Berkeley County is located in West Virginia with a population of approximately 136,287. The Berkeley County Office of Fiduciary Supervisor handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
West Virginia probate is governed by West Virginia Code § 44-1-1 et seq. The process begins with filing a Petition for Probate to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
West Virginia offers a simplified Small Estate Affidavit procedure if the decedent's personal property is valued at $50,000 or less and real estate is valued at $100,000 or less. This allows for asset distribution without full probate administration.
Filing fees in Berkeley County are tiered based on the value of the probate estate. For example, the fee is $25 for estates up to $10,000 and $100 for estates between $10,000 and $50,000. Executors are also entitled to a commission, typically 5% on the first $100,000 of the estate's value.
This guide provides an informational overview of the Berkeley County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Berkeley County Office of Fiduciary Supervisor
Probate matters in Berkeley County are handled at the Berkeley County Council Building.
Address: 400 W Stephen St, Suite 107, Martinsburg, WV 25401
Phone: (304) 267-3001 (Office of Fiduciary Supervisor)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Fiduciary Supervisor's office is located in the County Council building, separate from the main judicial center. It oversees the administration of estates and the appointment of personal representatives.
Parking and Access
Free public parking for standard size vehicles is available in lots at 380 W. South Street (Courthouse Complex), which is within walking distance of the County Council building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If personal property is valued at $50,000 or less and real estate at $100,000 or less, you may qualify for this simplified process.
- Transfer on Death Deed: Real estate can be transferred outside probate if a TOD deed was recorded before death.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the Berkeley County Office of Fiduciary Supervisor. Include:
- Original Will (if applicable)
- Certified Death Certificate
- List of Heirs and Beneficiaries
- Filing fee (approx. $25-$100+)
- Government-issued ID
E-filing is generally not available for initial probate petitions; in-person filing is required.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the administration to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Berkeley County once a week for two successive weeks.
Step 4: Attend the Hearing
The appointment of a personal representative is often handled administratively by the Fiduciary Supervisor. If there are disputes, a hearing may be scheduled before the County Commission or a Fiduciary Commissioner.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors (claims must be filed within 60 days of first publication)
- Inventory and appraise all estate assets within 90 days (Form 6.01)
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Berkeley County-Specific Procedures
- Fiduciary Commissioner: Estates with disputes or complex issues may be referred to a Fiduciary Commissioner for oversight.
- Bond: Required for administrators unless waived in the will or by all heirs.
- Appraisement: Form 6.01 (Appraisement of the Estate) must be filed within 90 days of qualification.
- Publication: Notice must be published in a newspaper of general circulation in Berkeley County for two successive weeks.
The Fiduciary Supervisor strictly enforces the 60-day creditor claim period following the first publication of notice.
Timeline & Fees
Filing Fees (Berkeley County)
- Opening Estate (<$10k / $10k-$50k): approximately $25 / $100
- Recording Will: approximately $12 (first 5 pages)
- Certified copies of Letters: approximately $5 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Bond recording: $12
West Virginia calculates executor commissions based on a sliding scale: 5% on first $100k, 4% on next $300k, etc.
Payment Methods
The court accepts cash, check, or money order. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 3 years
The creditor claim period is 60 days from the first date of publication, which sets the minimum timeline for closing an estate.
Local Resources
Berkeley County Court Resources
- Court Website: berkeleywv.org
- Probate Self-Help: Berkeley County Fiduciary Supervisor
- West Virginia Probate Forms: West Virginia Judiciary Forms
Legal Aid and Attorney Referrals
- West Virginia State Bar: (304) 553-7220 — Lawyer Referral Service
- Legal Aid of West Virginia: (304) 263-8871 — Martinsburg Office
- State Bar Lawyer Referral: wvbar.org
Publication
- The Journal: (304) 263-8931 — Martinsburg
- The Herald-Mail: (301) 733-5131 — Regional coverage