Hardy County Clerk of the County Commission Guide
West Virginia has no probate circuit; probate is administered by the county commission and the clerk of the county commission. The circuit court hears will contests and appeals. · Clerk of the County Commission information · Updated July 2026
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Feeling overwhelmed?
Free help is available in Hardy County.
Not sure if you need probate?
Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.
First: Get Death Certificates
Required for everythingSecure the Property
- Lock the residence and secure valuable items
- Forward mail to a responsible family member
- Make a list of what you find (don't throw anything away yet)
Locate Important Documents
Deposit the Will
If there's a will, the original will often needs to be filed with the Hardy County Clerk of the County Commission before probate can move forward. Verify the local deadline before submitting anything. (W. Va. Code Chapter 44 (Administration of Estates and Trusts))
Notify Key Parties
- Banks and credit card companies (to prevent unauthorized use)
- Social Security Administration (1-800-772-1213)
- Employer (if applicable) for final paycheck and benefits
Which probate type is right for you?
Small estate? If the estate is worth less than your state's small-estate limit (shown on the options below), you may qualify for simplified procedures.
Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.
Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.
Select a probate type below to see specific requirements and costs.
Which applies to your situation?
Where to File
Free Filing Help Available
Hardy County Clerk (Clerk of the County Commission) can help you understand forms and filing requirements at no cost.
Visit Self-Help CenterOther Topics That May Apply
Sources (9)
- http://hardycounty.com/hardy-county-clerk
- https://sos.wv.gov/west-virginia-county-clerk-directory
- https://www.courtswv.gov/public-resources/court-information-county/hardy_county
- https://code.wvlegislature.gov/59-1-10/
- https://code.wvlegislature.gov/44-1-14/
- https://code.wvlegislature.gov/44-1-14A/
- https://code.wvlegislature.gov/44-1A-2/
- https://code.wvlegislature.gov/44-2-1/
- https://code.wvlegislature.gov/44-3A-4A/
You've seen what probate involves. Here's how to spare your own family.
A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.
See how to avoid probate in West VirginiaVerified against Hardy County Commission on July 20, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in West Virginia can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.