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Hampshire County, WV Probate Information
Quick facts
| Item | Details |
|---|---|
| Probate authority | Hampshire County Commission, with day-to-day filings handled by the Hampshire County Clerk's office under W. Va. Code § 7-1-3. |
| Office | Hampshire County Clerk's office, 19 East Main Street, Romney, WV 26757. |
| Mailing address | P.O. Box 806, Romney, WV 26757. |
| Phone | (304) 822-5112. This is the published clerk line for probate matters. |
| Fax | (304) 822-4039. |
| [email protected]. This is a general county clerk mailbox, not a dedicated probate address. | |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding legal holidays. |
| Appointment | Required before qualification. Complete the estate information form and call (304) 822-5112 before going to Romney. |
| Opening cost | Hampshire's local schedule, effective July 1, 2021, lists $12.00 for will filing, $12.00 for qualification, $12.00 for fiduciary bond paperwork, $20.00 for fiduciary advertisement under W. Va. Code § 44-1-14a(g), $12.00 for the appraisement under W. Va. Code § 44-1-14, and $12.00 for settlement. The same county page says qualification is normally $45.00 to $75.00, as published July 1, 2021. |
| Forms | Local estate information form, plus a link to the statewide appraisement packet, ET 6.01 under W. Va. Code § 44-1-14 and ET 6.02 under W. Va. Code § 11-11-7. |
| Online filing | No probate e-filing. Estate papers are filed on paper with the Hampshire County Clerk, and the original will must reach the office. |
| Record lookup | The Hampshire County Clerk links an online document inquiry that requires account credentials. Ask the county clerk what document types and years it covers. WVPASS is a circuit court records system and does not contain estate files. |
| Phone or video participation | Most estates are handled at the counter. If a dispute or referral creates a hearing, ask the Hampshire County Clerk's office whether phone or video participation is available. |
| Website | https://hampshirecountyclerk.weebly.com/fiduciary--probate.html |
Before you begin — know the assets and liabilities
Before you schedule the Romney appointment, make a working list of the decedent's probate assets, nonprobate assets, debts, heirs, beneficiaries, and complete mailing addresses. Hampshire asks for that information up front, and the statewide appraisement, ET 6.01 under W. Va. Code § 44-1-14, and nonprobate inventory, ET 6.02 under W. Va. Code § 11-11-7, are due within 90 days of qualification under W. Va. Code § 44-1-14.
Sunset's estate settlement tools can search across more than 2,300 institutions, helping families find accounts before they sign Hampshire's forms under oath. That asset discovery often decides whether the estate settlement can stay simple, whether a bond is needed under W. Va. Code § 44-1-8, and whether a creditor notice under W. Va. Code § 44-1-14a will need careful follow-up.
Which court handles jurisdiction
File in Hampshire County when the decedent lived in Hampshire County at death. W. Va. Code § 41-5-4 puts the will before the county commission of the county where the person had a mansion house or known place of residence at death, and W. Va. Code § 44-1-4 puts an intestate estate in the same place. In Hampshire County, the filing counter is the Hampshire County Clerk's office at 19 East Main Street in Romney.
The Hampshire County Clerk's office serves estate filings for all communities in Hampshire County. If a nonresident decedent owned West Virginia property in Hampshire County, ask the clerk whether the filing belongs in Romney or whether another West Virginia county is the first filing county under W. Va. Code § 41-5-4.
The jurisdiction process
- Complete Hampshire's estate information form and call (304) 822-5112 to schedule the appointment. Bring the original will, or an exemplified copy if the will was probated elsewhere, so the Hampshire County Clerk can act under W. Va. Code § 41-5-10.
- Bring a copy of the death certificate, a list of beneficiaries and heirs with complete mailing addresses, and picture identification. If there is no will and you live out of state, arrange a bonding or insurance company bond before the appointment, because bond issues are governed by W. Va. Code § 44-1-8.
- At the appointment, sign the appointment papers as personal representative, meaning executor if there is a will or administrator if there is no will. Pay Hampshire's local qualification charges from the schedule effective July 1, 2021, including the county's published $45.00 to $75.00 usual qualification estimate and the itemized charges listed in the fee section.
- Take the oath and, unless excused under W. Va. Code § 44-1-8, give bond. When the Hampshire County Clerk appoints you, the clerk issues a certificate of qualification, the letters document banks usually ask for, called letters testamentary with a will or letters of administration without one.
- Keep records of every estate receipt and expense. File the appraisement, ET 6.01, with the Hampshire County Clerk within 90 days of qualification under W. Va. Code § 44-1-14, and file the nonprobate inventory, ET 6.02, under W. Va. Code § 11-11-7.
- Mail copies of the appraisement under W. Va. Code § 44-1-14 to the beneficiaries and heirs, then watch for the notice to creditors under W. Va. Code § 44-1-14a. After the notice is published, mail the required copies to beneficiaries, heirs, and creditors and return the notarized mailing affidavit to the clerk.
- Let the 60-day creditor claim window run from first publication under W. Va. Code § 44-1-14a. If a claim, objection, or other dispute requires referral, the matter may go to a fiduciary commissioner under W. Va. Code § 44-3.
- If a hearing is needed because of a referral or objection, ask the Hampshire County Clerk's office whether phone or video participation is available. There is no statewide probate e-filing, and routine estate papers are filed on paper with the county clerk.
- When administration is complete, submit the final accounting or a waiver of final settlement under W. Va. Code § 44-2-29. The clerk holds it for 10 days under W. Va. Code § 44-2, then the Hampshire County Commission confirms it at its fourth Tuesday meeting under W. Va. Code § 7-1-3 if no objection prevents closing.
Forms and documents
Probate forms in Hampshire County
Hampshire County publishes a local Estate Information Form in Word format. Complete it before you schedule the qualification appointment with the Hampshire County Clerk's office.
| Form | Use | Where to get it |
|---|---|---|
| Estate Information Form | Hampshire's local intake form for the appointment to qualify as personal representative. | Linked from the Hampshire County Clerk's Fiduciary & Probate page. |
| ET 6.01 appraisement | Statewide estate appraisement due within 90 days of qualification under W. Va. Code § 44-1-14. | The Hampshire County Clerk links the statewide appraisement packet and supplies the packet at qualification. |
| ET 6.02 nonprobate inventory | Statewide nonprobate inventory due with the appraisement under W. Va. Code § 11-11-7. | Included in the statewide appraisement packet linked by the clerk. |
West Virginia does not use a statewide court form set for routine probate. If you are considering the small-estate affidavit route under W. Va. Code § 44-1A, remember that since July 9, 2025 it is not available when the decedent owned probate real property, and the personal-property limit is $50,000 under W. Va. Code § 44-1A-1(b)(4), as reviewed August 2026.
Fees
West Virginia has no statewide probate filing fee under W. Va. Code § 59-1-10. What you pay the Hampshire County Clerk is a set of per-document recording charges under W. Va. Code § 59-1-10, including $10 for a document of five pages or fewer, $1 for each additional page, and $5 to administer the oath, statutory amounts reviewed August 2026, plus a $20 fee for the clerk's published notice to creditors under W. Va. Code § 44-1-14a(g), reviewed August 2026, and $10 to record and mail the closing settlement under W. Va. Code § 44-2-1(c), reviewed August 2026, plus the newspaper cost and any bond premium under W. Va. Code § 44-1-8.
| Hampshire item | Amount | Effective date |
|---|---|---|
| Will filing | $12.00 | Hampshire County Clerk schedule effective July 1, 2021. |
| Qualification | $12.00 | Hampshire County Clerk schedule effective July 1, 2021. |
| Fiduciary bond paperwork under W. Va. Code § 44-1-8 | $12.00 | Hampshire County Clerk schedule effective July 1, 2021. |
| Additional letter of administration, with the first copy free | $2.50 | Hampshire County Clerk schedule effective July 1, 2021. |
| Fiduciary advertisement, meaning the creditor notice under W. Va. Code § 44-1-14a | $20.00 | Hampshire County Clerk schedule effective July 1, 2021, matching W. Va. Code § 44-1-14a(g), reviewed August 2026. |
| Appraisement under W. Va. Code § 44-1-14 | $12.00 | Hampshire County Clerk schedule effective July 1, 2021. |
| Settlement | $12.00 | Hampshire County Clerk schedule effective July 1, 2021. |
The same Hampshire page says the qualification fee is normally $45.00 to $75.00, as published in the county's July 1, 2021 fee materials. Treat that as Hampshire's rough appointment estimate, not as a separate charge.
If the estate is referred to a fiduciary commissioner under W. Va. Code § 44-3, that commissioner's fee is charged to the estate and is capped at $300 plus expenses, reviewed August 2026, unless the personal representative agrees to more or the Hampshire County Commission, which holds probate jurisdiction under W. Va. Code § 7-1-3, has adopted a fee schedule under W. Va. Code § 59-1-9, as described in W. Va. Code § 44-2-1(a).
Timeline
- Hampshire's local scheduling point comes at closing. After you submit the final accounting or waiver, the clerk holds it for 10 days under W. Va. Code § 44-2, then the Hampshire County Commission, acting under W. Va. Code § 7-1-3, confirms it at its fourth Tuesday meeting if there is no objection.
- No Hampshire County page states a standard wait from appointment request to appointment date. Call the Hampshire County Clerk's office before traveling to Romney, because the county requires an appointment before qualification.
Local nuance
Hampshire County-specific considerations
| Local point | What it means in Hampshire County |
|---|---|
| Appointment required | Complete the estate information form and call (304) 822-5112 before you go to Romney to qualify. |
| Property bond practice | If there is no will, Hampshire asks that someone who owns Hampshire County real estate come with you to support a property bond under W. Va. Code § 44-1-8. |
| Out-of-state personal representative | If there is no will and you live out of state, Hampshire's page says to obtain bonding through a bonding or insurance company, with an additional fee, under W. Va. Code § 44-1-8. |
| Published article pattern | The Hampshire County Clerk's office does not publish a fiduciary supervisor under W. Va. Code § 44-3A, and its own guide describes a final accounting or waiver confirmed by the Hampshire County Commission under W. Va. Code § 7-1-3, which is the article 2 closing pattern under W. Va. Code § 44-2. |
| Local closing meeting | The county's page says the final accounting or waiver is confirmed at the Hampshire County Commission's fourth Tuesday meeting under W. Va. Code § 7-1-3 after the clerk's 10-day hold. |
| Dated fee list | Hampshire publishes an itemized local schedule effective July 1, 2021, including $12.00 will filing, $12.00 qualification, $20.00 fiduciary advertisement, and $12.00 appraisement under W. Va. Code § 44-1-14. |
Recent updates
Hampshire County's page provides a local fee schedule effective July 1, 2021 and a local closing detail: the final accounting or waiver is confirmed at the Hampshire County Commission's fourth Tuesday meeting under W. Va. Code § 7-1-3 after the clerk's 10-day hold under W. Va. Code § 44-2.
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Hampshire County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by listing which assets are probate assets and which pass outside the estate. If the spouse needs appointment, schedule with the Hampshire County Clerk, bring the will if there is one, and plan for the appraisement under W. Va. Code § 44-1-14 and nonprobate inventory under W. Va. Code § 11-11-7. | Sunset helps identify accounts, organize the estate settlement packet, and separate assets that need Hampshire paperwork from assets that may pass by title or beneficiary designation. |
| Out-of-state adult child with small estate | If the estate may qualify under W. Va. Code § 44-1A, confirm there is no probate real property, because the small-estate route under W. Va. Code § 44-1A is not available for probate real estate after July 9, 2025. If full administration is needed and there is no will, Hampshire says an out-of-state resident must use a bonding or insurance company under W. Va. Code § 44-1-8. | Sunset helps find accounts before you travel, prepare questions for the Romney appointment, and connect you with local help if bond or real estate issues make the estate settlement harder. |
| Parent settling predeceased child's estate, home must be sold | Because a home sale usually requires clear appointment authority, plan on full administration through the Hampshire County Clerk. Bring the original will if there is one, qualify as personal representative, keep records for the appraisement under W. Va. Code § 44-1-14, and close with a final accounting or waiver under W. Va. Code § 44-2. | Sunset helps build the asset list, generate the estate settlement paperwork, and connect the family with a West Virginia probate attorney if a sale, creditor issue under W. Va. Code § 44-1-14a, or title question needs legal review. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Hampshire County Clerk's office | Filing office for Hampshire County estates. It publishes an estate information form, a dated fee schedule, and an 11-step probate process guide. | 19 East Main Street, Romney, WV 26757. Mail to P.O. Box 806, Romney, WV 26757. Phone (304) 822-5112. Fax (304) 822-4039. https://hampshirecountyclerk.weebly.com/fiduciary--probate.html |
| Legal Aid of West Virginia | Statewide civil legal aid intake for people who qualify. | 866-255-4370. https://legalaidwv.org/get-help/apply-for-help/ |
| West Virginia State Bar Lawyer Referral Service | Helps find a lawyer by location and practice area. The initial consultation fee is no more than $25 for the first 30 minutes, as stated by the service. | https://wvlawyerreferral.org/ |
| Tuesday Legal Connect | Free State Bar telephone hotline for general legal information. | 1-800-642-3617, Tuesdays from 6:00 p.m. to 8:00 p.m. |
| West Virginia Free Legal Answers | Free online Q&A for income-eligible West Virginians, answered by volunteer attorneys. | https://wv.freelegalanswers.org/ |
When to hire an attorney
A lawyer can be especially useful in Hampshire County if the will is disputed, a creditor claim under W. Va. Code § 44-1-14a is contested, real estate must be sold, an out-of-state personal representative needs bond guidance under W. Va. Code § 44-1-8, or the estate may be referred to a fiduciary commissioner under W. Va. Code § 44-3. Sunset connects you to a vetted probate attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank accounts, investments, insurance, retirement accounts, and other assets so the Hampshire County estate settlement starts with a clear inventory.
Generate the probate packet. Sunset turns the information you gather into organized paperwork for the Hampshire County Clerk appointment, including the asset details needed for the appraisement under W. Va. Code § 44-1-14 and the nonprobate inventory under W. Va. Code § 11-11-7.
Find a local probate attorney. When a bond issue, creditor claim under W. Va. Code § 44-1-14a, home sale, or family dispute makes the estate settlement more complicated, Sunset can connect you with a vetted West Virginia attorney.
Sunset is free for families. Families can use Sunset to organize the estate, understand the next Hampshire County filing step, and decide whether they can handle the clerk appointment themselves or need legal help.
Frequently asked questions
Where do I file probate paperwork in Hampshire County?
File with the Hampshire County Clerk's office at 19 East Main Street in Romney. The Hampshire County Commission holds probate jurisdiction under W. Va. Code § 7-1-3, and the county clerk handles the counter filings for routine estates.
Do I need an appointment with the Hampshire County Clerk?
Yes. Hampshire's Fiduciary & Probate page says to complete the estate information form and schedule an appointment before qualifying. Call (304) 822-5112 before traveling to Romney.
Can I e-file probate papers in Hampshire County?
No probate e-filing is available for routine estates. Estate papers are filed on paper with the Hampshire County Clerk, and the original will must reach the county clerk's office.
Is there a Hampshire County case search for estate files?
The Hampshire County Clerk links an online document inquiry that requires account credentials, and you should ask the county clerk what it covers. WVPASS is a circuit court records system and does not contain the estate file itself.
What does it cost to qualify in Hampshire County?
Hampshire's schedule effective July 1, 2021 lists $12.00 for will filing, $12.00 for qualification, $12.00 for fiduciary bond paperwork under W. Va. Code § 44-1-8, and $20.00 for fiduciary advertisement under W. Va. Code § 44-1-14a(g). The same county page says the normal qualification total is $45.00 to $75.00, as published July 1, 2021.
What forms should I prepare before the Romney appointment?
Start with Hampshire's Estate Information Form. Also be ready for the appraisement, ET 6.01 under W. Va. Code § 44-1-14, and the nonprobate inventory, ET 6.02 under W. Va. Code § 11-11-7, which are due within 90 days of qualification under W. Va. Code § 44-1-14.
Can a small estate be used in Hampshire County if the decedent owned a home?
No. The small-estate route under W. Va. Code § 44-1A is not available if the decedent owned probate real property after July 9, 2025. The personal-property limit is $50,000 under W. Va. Code § 44-1A-1(b)(4), reviewed August 2026.
Will I have to attend a hearing in Hampshire County?
Most Hampshire County estates are handled at the clerk's counter. If an objection or referral creates a hearing before a fiduciary commissioner under W. Va. Code § 44-3 or before the Hampshire County Commission under W. Va. Code § 7-1-3, ask the Hampshire County Clerk's office whether phone or video participation is available.
When does Hampshire County close the estate?
After you submit the final accounting or waiver, the clerk holds it for 10 days under W. Va. Code § 44-2. If no objection prevents closing, the Hampshire County Commission confirms it at its fourth Tuesday meeting under W. Va. Code § 7-1-3.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.