Estates/Fiduciary & Probate
The Probate Process
In order to get appointed as Personal Representative of a decedent’s estate, we recommend for your convenience that you call and schedule an appointment and bring the following information with you to the Hampshire County Clerk’s Office.
- Present the original will (if any) to the Clerk. If probated in another state, you must obtain an exemplified copy (triple seal), not an attested copy. If there is no will, bring someone in with you that owns real estate in Hampshire County because you will need to be bonded. If you are an out-of state resident, you will need to be bonded through a bonding or insurance company. There is an additional fee for an insurance bond.
- Must have a copy of the death certificate.
- Have a list of all beneficiaries/heirs and their complete mailing addresses.
- Picture ID
- Once all of this information is provided to the Probate Office, you will need to sign papers to appoint you as Personal Representative. The fee for qualification is normally between forty and seventy dollars. We accept cash or check.
- Keep track of all money coming in and going out that has to do with the estate. Example: medical bills, funeral bill, the cost to open the estate at the county clerk's office, refunds, and etc. This will have to be known at final settlement.
- Personal representative is to return the appraisement form to the Clerk's office within 90 days (form supplied by the Clerk).
- Personal representative should mail a copy of the appraisement form to each beneficiary/heir.
- A "Notice of Administration" will be placed in the newspaper and a copy of this notice will be given to the personal representative of this estate. The Clerk's office will place the ad. The personal representative is to deliver by mail a copy of this notice to all beneficiaries, heirs and known creditors. The personal representative will have their signature notarized on the affidavit of mailing notice, which is to be returned to the Clerk’s office.
- A 60 day waiting period from the first date of publication of this notice must expire. After the 60 day waiting period, the personal representative may submit his/her final accounting report or waiver.
- The Clerk will hold final accounting or waiver for 10 days for any objections. If no objections are received, the County Commissioners may confirm the report at their next meeting occurring on the fourth Tuesday of each month and the estate is closed.
HAMPSHIRE COUNTY PROBATE FEES
NOVEMBER 1, 2011
LETTER OF ADMINISTRATION-$2.50 (FIRST ONE IS FREE)
WV Appraisement Form:
WV Appraisement Form (fillable):