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Hancock County, WV Probate Information
Quick facts
| Item | Hancock County details |
|---|---|
| Probate authority | The Hancock County Commission has probate jurisdiction under W. Va. Code § 7-1-3, and the Hancock County Clerk's office handles the counter filing work for routine estates. |
| Office | Hancock County Clerk's office |
| Street address | 102 North Court Street, New Cumberland, WV 26047 |
| Mailing address | P.O. Box 367, New Cumberland, WV 26047 |
| Phone | (304) 564-3311, extension 266. Call before coming in to open an estate. |
| Fax | (304) 564-5941 |
| Hours | Monday through Friday, 7:30 a.m. to 4:30 p.m. The clerk's website currently says the courthouse is temporarily closed to the public and asks visitors to call. |
| Cost to open | No single statewide amount applies under W. Va. Code § 59-1-10. Hancock County posts a Fee Schedule effective December 2024 as a scanned document, and the clerk's office asks callers to confirm details. |
| County forms | The Hancock County Clerk's office does not publish additional probate forms on its website. |
| Electronic filing | West Virginia has no electronic filing for probate with the county clerk. Estate papers are filed on paper with the Hancock County Clerk's office. |
| Record lookup | The clerk's site links a Hancock WV land-records image search and separate property-tax tools. Neither is described as a probate estate lookup, so ask the clerk whether recorded wills or estate settlement documents are indexed there. |
| Remote participation | Most routine estates are handled at the counter. If a hearing is needed, ask the Hancock County Clerk's office whether phone or video participation is available. |
| Website | https://hancockcountywv.org/couclerk.html |
Before you begin — know the assets and liabilities
Before you call the Hancock County Clerk's office, make a working list of the decedent's probate assets, nonprobate assets, debts, real estate and financial institutions. West Virginia's appraisement process depends on asset discovery: after qualification, the personal representative must return the appraisement, Form ET 6.01, within 90 days under W. Va. Code § 44-1-14, and the nonprobate inventory, Form ET 6.02, is tied to W. Va. Code § 11-11-7.
Sunset helps families begin estate settlement by searching more than 2,300 institutions for accounts and policies, then organizing what was found before the Hancock County appointment. That preparation matters locally because the clerk's site asks callers to schedule probate appointments and currently tells the public to call before visiting.
Which court handles jurisdiction
File in Hancock County when the decedent lived in Hancock County. W. Va. Code § 41-5-4 places the will with 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 uses the same county for an intestate estate. In Hancock County, the filing office is the Hancock County Clerk's office at the courthouse in New Cumberland.
The county clerk's website identifies the county with New Cumberland, Chester and Weirton in the West Virginia Northern Panhandle. The local probate contact is the Hancock County Clerk's office at 102 North Court Street, New Cumberland, WV 26047, with mail sent to P.O. Box 367, New Cumberland, WV 26047.
The jurisdiction process
- Call the Hancock County Clerk's office at (304) 564-3311, extension 266, before visiting. The clerk's website asks callers to schedule marriage or probate appointments and currently says the courthouse is temporarily closed to the public.
- Gather the original will, death certificate, asset list, debt list, names and addresses of heirs or beneficiaries, and information needed for the appraisement under W. Va. Code § 44-1-14.
- File the will or estate papers on paper with the Hancock County Clerk's office in New Cumberland. The Hancock County Commission has probate jurisdiction under W. Va. Code § 7-1-3, and the clerk acts for the commission between sessions under W. Va. Code § 41-5-10 and § 44-1-4.
- At qualification, the personal representative takes the oath and gives bond unless W. Va. Code § 44-1-8 or the will excuses it. The clerk then issues a certificate of qualification, often called letters testamentary when there is a will or letters of administration when there is no will.
- Pay the clerk's current recording and administrative charges. Hancock County posts a Fee Schedule effective December 2024 as a scanned document, but the page does not state a probate-specific total, so confirm the current amount when you call.
- Complete the appraisement, Form ET 6.01, and the nonprobate inventory, Form ET 6.02, within 90 days of qualification under W. Va. Code § 44-1-14 and § 11-11-7.
- Handle the published notice to creditors under W. Va. Code § 44-1-14a and any required mailings. If a claim, objection or dispute requires a referral, the matter may go to a fiduciary commissioner under W. Va. Code § 44-3.
- Ask the Hancock County Clerk's office whether any required hearing or conference can be handled by phone or video. Most routine estates are handled at the counter, but local staff controls how to participate if a hearing is scheduled.
- Collect assets, pay approved expenses and claims, distribute the estate, and close the estate settlement through the closing papers the clerk requires for the estate's path.
Forms and documents
Probate forms in Hancock County
West Virginia does not publish a statewide probate form set. The appraisement, Form ET 6.01, is filed under W. Va. Code § 44-1-14, and the nonprobate inventory, Form ET 6.02, is tied to W. Va. Code § 11-11-7. The small-estate affidavit contents are set by W. Va. Code § 44-1A-2.
The Hancock County Clerk's office does not publish additional probate forms, a probate checklist or a probate brochure on its website. Its page says to file wills and probate papers with the office and to call for details and to schedule an appointment.
| Form or paper | Where it comes from | Hancock County note |
|---|---|---|
| Original will, if any | Person holding the will | File with the Hancock County Clerk's office. |
| Application or appointment papers | Hancock County Clerk's office | Call (304) 564-3311, extension 266, for the current packet and appointment instructions. |
| ET 6.01 appraisement | West Virginia State Tax Department form used in county estate filings | Due within 90 days of qualification under W. Va. Code § 44-1-14. |
| ET 6.02 nonprobate inventory | West Virginia State Tax Department form used in county estate filings | Connected to W. Va. Code § 11-11-7. |
| Small-estate affidavit | Statutory contents in W. Va. Code § 44-1A-2 | As of August 2026, W. Va. Code § 44-1A limits the small-estate route to probate personal property of not more than $50,000 and excludes probate real estate after the July 9, 2025 HB 2867 change to W. Va. Code § 44-1A-2. |
Local nuance
Hancock County-specific considerations
| Local point | What to do |
|---|---|
| Call-ahead probate appointments | The Hancock County Clerk's website says to call ahead for marriage or probate appointments and to call the office for details and to schedule an appointment for wills and probate papers. |
| Temporary public-closure notice | The clerk's website currently says the courthouse is temporarily closed to the public and asks visitors to call. Treat that as a reason to confirm access before traveling to New Cumberland. |
| Fee schedule format | The clerk posts a Fee Schedule effective December 2024 as scanned images. Because the site does not state a probate-specific total in text, confirm current probate charges by phone. |
| Article 3A status not published | The Hancock County Clerk's site does not publish a fiduciary supervisor under W. Va. Code § 44-3A. It describes the county clerk's office handling wills and probate papers directly, so call the clerk for the estate's exact routing. |
Recent updates
| Local update | What it means |
|---|---|
| Temporary access notice | The Hancock County Clerk's website currently says the courthouse is temporarily closed to the public and asks visitors to call. |
| Clerk hours corrected | The county page gives Monday through Friday, 7:30 a.m. to 4:30 p.m., rather than the later opening time in the baseline court data. |
| Fee schedule format | Hancock County posts a Fee Schedule effective December 2024 as scanned images, so families should confirm probate-specific charges by phone. |
Scenarios
| Scenario | Likely Hancock County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Call the Hancock County Clerk's office before visiting New Cumberland. If the home passed outside probate, the estate may still need a clerk appointment for solely owned accounts, vehicles or other probate assets. If a small-estate affidavit is considered, W. Va. Code § 44-1A must be checked because probate real estate is excluded after July 9, 2025. | Sunset organizes the asset list, flags jointly held or beneficiary-designated property, and prepares the family for the clerk appointment. |
| Out-of-state adult child w/ small estate | Start by phone because the clerk's site asks callers to schedule probate appointments and currently posts a temporary public-closure notice. As of August 2026, W. Va. Code § 44-1A allows a small-estate affidavit only for probate personal property of not more than $50,000 and not for probate real estate after the July 9, 2025 HB 2867 change. | Sunset helps identify accounts before the child travels, reducing the chance of a second trip to New Cumberland. |
| Parent settling predeceased child's estate, home must be sold | If the child owned probate real estate, the W. Va. Code § 44-1A small-estate route is not available after July 9, 2025. The parent should call the Hancock County Clerk's office about opening administration and obtaining a certificate of qualification, meaning letters, before dealing with the sale. | Sunset helps build the inventory for estate settlement, prepare the probate packet, and connect the family with a local probate attorney when a sale or title issue needs legal help. |
Self-help resources
| Resource | How it helps | Link or contact |
|---|---|---|
| Hancock County Clerk's office | Local filing office for wills and probate papers, appointment scheduling, current access instructions and current probate charges. | (304) 564-3311, extension 266; https://hancockcountywv.org/couclerk.html |
| Hancock County Clerk Fee Schedule | County fee schedule effective December 2024, published as scanned images. Call the clerk for probate-specific figures before filing. | https://hancockcountywv.org/couclerkfees.html |
| Hancock WV land-records image search | Online land-records portal linked from the clerk's site. It is not described as a probate estate lookup, so ask the county clerk whether any recorded wills or estate settlement documents are indexed there. | Linked from the Hancock County Clerk page. |
| Hancock County property-tax tools | Assessor property-tax and sales searches linked from the clerk's page for real-property research. | Linked from the Hancock County Clerk page. |
| West Virginia Judiciary WVPASS information | WVPASS is a circuit court record system, not the county clerk estate file. It may matter only if a will contest under W. Va. Code § 41-5-11 or an appeal under W. Va. Code § 58-3-1 is filed in circuit court. | https://www.courtswv.gov/court-record-access |
When to hire an attorney
Many Hancock County estates can begin at the clerk's counter if the family knows the assets, has the original will if there is one, and no one is objecting. Counsel makes sense when probate real estate must be sold, heirs disagree, a creditor issue under W. Va. Code § 44-1-14a is expected, a fiduciary commissioner under W. Va. Code § 44-3 becomes involved, or a will contest under W. Va. Code § 41-5-11 or an appeal under W. Va. Code § 58-3-1 is possible. Sunset connects families with a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families locate bank accounts, investments, insurance, retirement accounts and other assets so the Hancock County appraisement and estate settlement work starts from a better list.
Generate the probate packet. Sunset turns what you know about the decedent, the heirs, the will and the assets into an organized packet you can review before calling the Hancock County Clerk's office.
Find a local probate attorney. When an estate involves a home sale, conflict, creditor issues, missing heirs or a possible contest, Sunset can connect the family with a vetted probate attorney who handles West Virginia estates.
Sunset is free for families. Families can use Sunset to understand the estate settlement path, organize documents and decide whether they are ready to work directly with the clerk or should get legal help.
Frequently asked questions
Where do I file probate in Hancock County, West Virginia?
File with the Hancock County Clerk's office at the courthouse in New Cumberland. The Hancock County Commission has probate jurisdiction under W. Va. Code § 7-1-3, and the clerk handles routine estate filings for the commission under W. Va. Code § 41-5-10 and § 44-1-4.
Should I call before going to the Hancock County courthouse?
Yes. The clerk's website says to call ahead for probate appointments and also currently says the courthouse is temporarily closed to the public. Call (304) 564-3311, extension 266, before traveling to New Cumberland.
Can I e-file probate in Hancock County?
No online probate filing is published for Hancock County. West Virginia's court electronic filing systems cover court systems that do not handle routine estate filings, so estate papers are filed on paper with the county clerk.
Does Hancock County have local probate forms online?
The Hancock County Clerk's office does not publish a probate form library, checklist or brochure on its website. The statewide appraisement, Form ET 6.01, is connected to W. Va. Code § 44-1-14, the nonprobate inventory, Form ET 6.02, is connected to W. Va. Code § 11-11-7, and the small-estate affidavit contents are set by W. Va. Code § 44-1A-2.
How much does it cost to open an estate in Hancock County?
There is no single statewide amount under W. Va. Code § 59-1-10. Hancock County posts a Fee Schedule effective December 2024 as scanned images, but the site does not state a probate-specific total in text. Call the clerk at (304) 564-3311, extension 266, for the current amount.
Can I look up a Hancock County estate online?
The Hancock County Clerk's site links a land-records image search and separate property-tax tools, but neither is described as a probate estate lookup. Ask the county clerk whether recorded wills or estate settlement documents appear in the land-records index. WVPASS is a circuit court record system and does not contain the county clerk estate file.
Will there be a hearing in a Hancock County estate?
Most routine estates are handled at the clerk's counter. If an objection is filed or the estate is referred to a fiduciary commissioner under W. Va. Code § 44-3, a hearing may be scheduled before the commissioner or the Hancock County Commission, which has probate jurisdiction under W. Va. Code § 7-1-3.
Can I handle a Hancock County probate matter from out of state?
Start by calling the Hancock County Clerk's office. The clerk's site asks callers to schedule probate appointments, and the office can tell you what must be handled in person, what can be mailed, and whether any hearing can be handled by phone or video through the county clerk's office.
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.