Use This County Probate Reference Before You File
This page is built for the detailed county-level checks that generic probate guides usually miss: local filing fees, Clerk of the County Commission contact details, administrative orders, e-filing rules, and hearing logistics for Hardy County.
Local Fee Schedule
Review county-specific probate filing charges before you estimate total case cost.
Court Rules and Orders
Check the local rules, judge procedures, and administrative orders that can change how a case moves.
Clerk and Filing Logistics
Confirm where to file, whether e-filing is allowed, and how hearings or notices are handled locally.
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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Filing & Fees
Fee Schedule Signals
Source ↗Probate Filing Fees
Specific fee amounts are not available for this county. West Virginia imposes NO state or local probate tax and no state estate, inheritance, or gift tax. The cost to qualify the personal representative and record the will in Hardy County is built from flat statutory clerk of the county commission recording fees under W. Va. Code 59-1-10 (about $10 per instrument, plus $1 for each page over five), bundled across the several documents an estate records (will, oath, list of heirs, appraisement), so the total to open a full estate varies by county and by will length (documented statewide at roughly $44 to $100 for a full estate and about $14 to $56 for a small estate). The clerk collects a $20 fee to publish the notice of administration (W. Va. Code 44-1-14a), plus the newspaper Class II legal advertisement charge, which is set by the publisher. The fiduciary supervisor charges $10 for a short form settlement (W. Va. Code 44-3A-4a). For an estate referred to a fiduciary commissioner (generally one appraised above $200,000, exclusive of real estate specifically devised and nonprobate assets), the commissioner fee is capped at $300 plus expenses by default (W. Va. Code 44-2-1; 59-1-9). No single statewide full-administration filing fee exists, so none is published here as a bare figure. Verify the current opening fee with the Hardy County Clerk (clerk of the county commission) before relying on an amount.
West Virginia imposes NO state or local probate tax and no state estate, inheritance, or gift tax. The cost to qualify the personal representative and record the will in Hardy County is built from flat statutory clerk of the county commission recording fees under W. Va. Code 59-1-10 (about $10 per instrument, plus $1 for each page over five), bundled across the several documents an estate records (will, oath, list of heirs, appraisement), so the total to open a full estate varies by county and by will length (documented statewide at roughly $44 to $100 for a full estate and about $14 to $56 for a small estate). The clerk collects a $20 fee to publish the notice of administration (W. Va. Code 44-1-14a), plus the newspaper Class II legal advertisement charge, which is set by the publisher. The fiduciary supervisor charges $10 for a short form settlement (W. Va. Code 44-3A-4a). For an estate referred to a fiduciary commissioner (generally one appraised above $200,000, exclusive of real estate specifically devised and nonprobate assets), the commissioner fee is capped at $300 plus expenses by default (W. Va. Code 44-2-1; 59-1-9). No single statewide full-administration filing fee exists, so none is published here as a bare figure. Verify the current opening fee with the Hardy County Clerk (clerk of the county commission) before relying on an amount.
Required Documents
- Original Will
The original signed will, if one exists, presented to the clerk of the county commission for probate.
- Application and Qualification before the Clerk of the County Commission
The executor (with a will) or administrator (without a will) applies and qualifies before the clerk of the county commission, takes the fiduciary oath, and receives letters testamentary or of administration. A bond, and sometimes surety, may be required unless waived.
E-Filing & Filing Methods
Records portal
Check live court-record information when available. Search results may not include every probate record.
Timelines & Proceedings
Deadlines & Creditor Claims
Key Deadlines
- Will Deposit
- Verify locally
- Creditor Claims
- 2 months
Creditor Claims
- Period Starts
- first publication of the notice of administration
- Statute
- W. Va. Code 44-1-14a
Related Proceedings
Property Recording
Source ↗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/