Office of Fiduciary Supervisor (304)267-3001

Office Staff

Maria L. Childers, Supervisor x.6101

Janet C. Holzhauser, Deputy x.6100

Judy C. DeHaven, Coordinator x.6102

In 1982 the West Virginia Legislature created within the County Commission the Office of Fiduciary Supervisor (West Virginia Code 44, Article 3A). Known as the “optional procedure” for estate settlement this statute aids and assists County Commissions in the proper administration of estates. Appointed by Order of the County Commission the Fiduciary Supervisor has general supervision of all estate matters. The 1982 legislation required adoption of the optional procedure by Kanawha County. Since then a number of West Virginia counties have adopted it as Berkeley County did in 1987.

Under this statute any power, authority or duty conferred upon the County Clerk with respect to the settlement, regulation or supervision of estates in any provision of this article or in any provision of the West Virginia Code is transferred to the Fiduciary Supervisor.

What is a Fiduciary?  The word “Fiduciary” is a general term used to identify an executor, administrator, curator, trustee, guardian, conservator, attorney or any other person who serves in a similar trust capacity.  Whenever you see or hear the word “Fiduciary” it refers to the personal representative of the estate (executor/administrator, etc.).

What is Probate?  Probate of a Will means the county probate authority has viewed the original purported Will and determined it meets the requirements of a valid Will in the State of West Virginia.  The process of probate and estate administration, with or without a Will, seeks to protect the right of legitimate creditors to claim against the estate and insures that by following the procedures required by law, good and clear title to any remaining assets can be passed to the person or persons entitled to receive them. 

Every person who is legally competent has a right to make a Will and designate who shall take their property upon death, in what amount and under such conditions or restrictions he or she may want to stipulate. 

If a person does not make a Will they are said to have died “intestate”.  Any remaining assets will then pass to the decedent’s heirs at law and in such proportions as designated by West Virginia State Code.

            Where do I Start?  The office currently remains located in “The Historic Berkeley County Courthouse” at 100 West King Street, Room 2, Martinsburg, West Virginia.  Hours of operation are Monday through Friday, 9:00 a.m. until 5:00 p.m., except for legal holidays.  When beginning probate we ask that you arrive in the office no later than 4:00 p.m.  Persons qualifying as Executor or Administrator are required to first appear in person with proper photo identification. 

            What do I Need?  A copy of the state issued death certificate or a copy of the application for the death certificate signed by the funeral director.  The decedent’s residence at date of death must be listed as Berkeley County.  Their social security number, the date and time of death and marital status must also appear.

            If there is a Will the original document, not a copy, should be delivered to this office within thirty days of the death, preferably by the named Executor(s).  Be prepared to provide a fixed and mailing address for each beneficiary named in the Will and their relationship, if any, to the decedent.  Additional information may be required for any deceased beneficiary. 

            If there is no Will a surviving spouse is first entitled to qualify as Administrator.  If there is no surviving spouse, there is more than one heir at law and thirty days have not passed since the death, appointment of an Administrator requires the written, notarized consent from a majority of the heirs.  To obtain a West Virginia Intestate Succession Chart for determining the heirs at law and to obtain a nomination and waiver of appointment form please contact our staff.  Be prepared to provide a fixed and mailing address for each heir at law.

            When is a surety bond required? If there is no Will or if there is a Will but it does not waive “surety”, “security” or bond” or, if someone other than a named Executor is qualifying, bond will be required.  Surety protects estate assets in the event an Executor/Administrator is found to have breached their fiduciary duty.

            If you are a West Virginia resident you have two options, 1) bring another West Virginia resident who owns or has sufficient equity in real estate who is willing to sign as surety.  If their real estate is located in a West Virginia county other than Berkeley they will first need to go to their County Clerk’s Office and request a “Justification of Surety” form for verification or 2) you can purchase corporate surety through an insurance agency licensed in the State of West Virginia.

Non-residents are required to purchase corporate surety. 

            The amount of bond is based upon the expected value of the probate personal estate and may or may not include probate real estate.  A bond may be either increased or decreased when appropriate.

            The cost of corporate surety may be assessed to the estate.

            What are the Administrative Costs to the County?   Be prepared to pay the first two administrative costs at the time of appointment.  If not paying cash you will need two separate checks.  Do not fill in the amounts before meeting with our staff.

  1. Appointment Fee – Gross Estate (includes joint assets) – payable to the “Berkeley County Fiduciary Fund”

Estates up to $10,000                                    $25.00
Estates over $10,000 to $50,000                   $100.00
All estates over $50,0000                              $175.00
Trustee/Miscellaneous Appointments              $25.00

  1. Recording Fee – payable to the “Berkeley County Clerk”

Wills/Codicils                                                $11.00*
Executor Appointments (oath & affidavits)        $17.00*

Administrator Appointments (oath & affidavits)  $17.00*

Trustee/Miscellaneous Appointments               $11.00*

*(fee will be higher when document exceeds standard number of pages)

            We do not provide legal advice. If you ask a question our staff finds legal in nature you will be advised to contact an attorney.  Most estates are settled in under a year however there are exceptions.  Some pose extraordinary circumstances that delay settlement and could require an attorney.  Otherwise the only professional service necessary may be that of a tax professional.

            If you have any questions regarding the process of administration please do not hesitate to call on our staff.

References:  West Virginia Code – Volume 12
                   West Virginia Department of Tax & Revenue