Berkeley County, West Virginia Court Filing
Fee Lookup

Court filing fees in Berkeley County, West Virginia are collected by the Berkeley County Probate Court in Martinsburg according to West Virginia's statutory fee schedule, plus any local surcharges authorized by county ordinance. West Virginia's court structure — Circuit Court (civil/family) / Family Court / Probate Court (County Commission) / Magistrate Court (small claims) — determines which courthouse accepts which case types and what fees apply.

The Berkeley County Probate Court operates as a high-volume court with structured calendars. Confirming the current fee schedule with the clerk's office is recommended, as fees can change when new state legislation takes effect or when the county updates its local surcharge schedule.

For the full West Virginia court filing fee schedule, see our West Virginia Court Filing Fees.

The Berkeley County Circuit Court is located at 380 W South St, Martinsburg, WV 25401. The court clerk can be reached at (304) 264-1919.

Visit the court's website for current forms, fee schedules, and filing instructions. Electronic filing is available.

Office hours: Mon–Fri 8:30 AM–4:30 PM.

• Filing fees in Berkeley County are based on West Virginia's statutory schedule, which applies statewide, plus any local surcharges assessed by the county. For reference, the statewide base fees by case type are: probate and estate filings — $25–$70 (Circuit Court — Probate / County Commission)
• civil complaints and appearances — $135–$175 (Circuit Court) / $50–$90 (Magistrate Court)
• family law matters (divorce, custody, support) — $135–$175 (Circuit Court — Family Court)
• small claims filings — $50–$90 (Magistrate Court small claims). These figures represent the state-level base
• the total amount due at the Berkeley County Probate Court in Martinsburg may include additional local charges.

As a high-volume jurisdiction, Berkeley County may assess higher local surcharges than smaller counties, reflecting the greater administrative cost of operating a busy court in Martinsburg.

• Beyond the initial filing fee, Berkeley County litigants and estate administrators should budget for recurring court costs throughout the proceeding: fees for filing subsequent motions and responses, charges for certified copies of letters testamentary or court orders (typically $5 to $25 per document in West Virginia), jury demand deposits in civil cases, and in probate matters, fees associated with filing the inventory, accountings, and petition for discharge.
• For a complete picture of expected court costs in Berkeley County, request the full fee schedule from the Berkeley County Probate Court clerk in Martinsburg before initiating the proceeding.

West Virginia is expanding e-filing across its court system. The Berkeley County Probate Court in Martinsburg likely participates in the state system — represented parties in civil and family matters may be required to file electronically.

Contact the clerk directly to confirm requirements for your case type and whether a convenience fee (typically $2–$8 per transaction) applies. For full statewide e-filing details, see our West Virginia Court Filing Fees.

• Berkeley County residents who cannot afford court filing fees may apply for a fee waiver under W.
• Va.
• Code § 59-2-1.
• To apply, file a declaration of financial condition with the Berkeley County Probate Court clerk's office in Martinsburg at the time of your initial filing.
• The declaration lists all household income sources, monthly expenses, assets, and liabilities.
• A judge or court commissioner reviews the application and issues an order granting or denying the waiver, typically within a few days of submission.

• Eligibility for a fee waiver in Berkeley County generally requires that household income fall at or below 125% to 200% of the federal poverty level, or that the applicant is receiving qualifying public benefits — commonly Medicaid, SNAP, SSI, or public housing assistance.
• The specific income thresholds and qualifying programs are defined in W.
• Va.
• Code § 59-2-1 and may have been updated by recent legislation.
• Ask the Berkeley County Probate Court clerk in Martinsburg for the current income guidelines before completing your declaration.

• A granted fee waiver covers filing fees charged by the Berkeley County Probate Court — including initial filing fees and subsequent filings in the same case — but does not cover costs owed to third parties.
• In Berkeley County probate proceedings, a fee waiver does not eliminate the cost of publishing a notice to creditors in a newspaper of general circulation (a statutory requirement in most states), service of process fees paid to process servers or the sheriff's office, or costs for court-ordered appraisals.
• Budget for these additional costs separately even when a fee waiver is in effect.