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County Clerk's Office
77 Fairfax Street, Suite 1A
Berkeley Springs, WV 25411
Phone: (304) 258-8547
Fax: (304) 258-8545
Morgancountyclerk@hotmail.com

COUNTY CLERK'S OFFICE
Probate of Estates


OPENING AN ESTATE WITH THE COUNTY CLERK'S OFFICE FOR DEATHS OCCURRING ON OR AFTER JULY 13, 2001

  1. 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 Morgan County because you will need to be bonded.

  2. Must have a copy of the death certificate.

  3. Have a list of all beneficiaries/heirs and their complete mailing addresses.

  4. 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.

  5. Personal representative is to return the appraisement form to the Clerk's office within 90 days (form supplied by the Clerk).

  6. Personal representative should mail a copy of the appraisement form to each beneficiary/heir.

  7. 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.

  8. A 90 day waiting period from the first date of publication of this notice must expire.

  9. The Clerk's office will send the personal representative a letter stating that they may now submit his/her final accounting report or waiver.

  10. The Clerk will mail a copy of the report or waiver to all beneficiaries or heirs.

  11. The Clerk will hold final or waiver for 10 days for any objections. If no objections are received, the County Commissioners may confirm the report at the next regular meeting and the estate is closed.

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