Overview
Hampshire County is located in West Virginia with a population of approximately 23,093. The Hampshire County Clerk's Office 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 of Will (for testate estates) or an Application for Appointment of Administrator (for intestate estates) 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 for estates where the personal property is valued at $50,000 or less and real property is valued at $100,000 or less. This process allows heirs to bypass full probate administration.
Filing fees in West Virginia are generally uniform but may vary slightly by county based on recording costs. The initial qualification fee typically ranges from $45 to $75.
This guide provides an informational overview of the Hampshire 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
Hampshire County Clerk's Office
Probate matters in Hampshire County are handled at the Hampshire County Courthouse.
Address: 19 E. Main Street, Romney, WV 26757
Mailing Address: PO Box 806, Romney, WV 26757
Phone: (304) 822-5112
Hours: Monday through Friday (hours may vary; call to confirm)
The Probate Department is located within the County Clerk's office. It is recommended to call ahead to schedule an appointment for opening an estate.
Parking and Access
Street parking is available around the courthouse in downtown Romney. There are also public parking lots nearby. Security screening may be required upon entering the courthouse building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the personal estate is valued at $50,000 or less and real estate at $100,000 or less, you may qualify for this simplified process.
- Joint Tenancy with Rights of Survivorship: Assets held this way pass automatically to the surviving owner.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file the appropriate petition with the Hampshire County Clerk. Include:
- Original Will and codicils (if any)
- Certified death certificate
- List of heirs and beneficiaries with addresses
- Filing fee (typically $45-$75 for qualification)
- Valid photo ID of the personal representative
E-filing is generally not available for initial probate petitions in Hampshire County; in-person filing is standard.
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 Hampshire County (typically the Hampshire Review) for two successive weeks.
Step 4: Attend the Hearing
The County Clerk or Fiduciary Supervisor will review the petition. If the will is self-proved and all documents are in order, the appointment is often administrative without a formal court hearing, unless the will is contested. Upon approval, the Clerk issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 60 days from the date of first publication to file claims)
- Inventory and appraise all estate assets and file the Appraisement Form (ET 6.01) within 90 days
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Final Settlement and petition for discharge
Local Requirements
Hampshire County-Specific Procedures
- Appointment: It is highly recommended to call the County Clerk's office at (304) 822-5112 to schedule an appointment for probate qualification.
- Fiduciary Commissioner: For complex estates or disputed claims, the estate may be referred to a Fiduciary Commissioner for oversight.
- Bond: A surety bond is generally required for administrators (intestate) and for executors (testate) unless the will explicitly waives the bond requirement.
- Publication: Notice to creditors must be published in the Hampshire Review. The Clerk's office typically assists with facilitating this publication.
West Virginia law requires a specific Appraisement and Non-Probate Inventory form (ET 6.01) to be filed with the County Clerk within 90 days of qualification.
Timeline & Fees
Filing Fees (Hampshire County)
As of July 1, 2021, Hampshire County itemized fees include:
- Will: $12.00
- Qualification: $12.00
- Fiduciary Bond: $12.00
- Letter of Administration: $2.50 (first one free)
- Fiduciary Advertisement: $20.00
- Appraisement: $12.00
- Settlement: $12.00
The total qualification fee is normally between $45-$75 depending on the specific documents required.
- Publication costs: approximately $100-$150 depending on the length of the notice
Payment Methods
The court accepts cash or checks. Credit cards may not be accepted for all fees, or may incur a convenience fee.
Estimated Timelines
- Simple estates: 6-9 months (minimum 6 months for creditor period and processing)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
The creditor claim period in West Virginia is 60 days from the date of the first publication of the notice to creditors.
Local Resources
Hampshire County Court Resources
- County Clerk Website: hampshirecountyclerk.weebly.com
- West Virginia Judiciary Forms: courtswv.gov
- Probate Self-Help: legalaidwv.org
Legal Aid and Attorney Referrals
- West Virginia State Bar: (304) 553-7220 — Lawyer Referral Service
- Legal Aid of West Virginia: (866) 255-4370 — Provides legal assistance to eligible low-income residents
- WV State Bar Lawyer Referral: wvbar.org
Publication
- Hampshire Review: (304) 822-3871 — Newspaper of general circulation for legal notices