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Legal name change in West Virginia

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  • Page changed: W. Va. Code 48-25-105, When new name to be used (2026-10-12) · #310
  • Page changed: W. Va. Code 48-25-104, Recordation of order changing name (2026-10-12) · #309
  • Page changed: W. Va. Code 48-25-103, When court may or may not order change of name (2026-10-12) · #308
  • Page changed: W. Va. Code 48-25-102, Objections to change of name (2026-10-12) · #307
  • Page changed: W. Va. Code 48-25-101, Petition for change of name (2026-10-12) · #306
  • Page changed: W. Va. Code 59-3-2, Classification of legal advertisements (2026-09-28) · #104
  • Page changed: W. Va. Code 59-1-11 (2026-09-28) · #103
  • Page changed: W. Va. Code 48-25-105, When new name to be used (2026-09-28) · #99
  • Page changed: W. Va. Code 48-25-104, Recordation of order changing name (2026-09-28) · #98
  • Page changed: W. Va. Code 48-25-103, When court may or may not order change of name (2026-09-28) · #97
  • Page changed: W. Va. Code 48-25-102, Objections to change of name (2026-09-28) · #95
  • Page changed: W. Va. Code 48-25-101, Petition for change of name (2026-09-28) · #94
Change your legal name
Limited
Publication requirementA rule in some states that a name-change petition be printed in a newspaper before it is granted. Many states waive it for trans petitioners or for safety.
Required
Court hearing
Required
Sealed recordA court file that is kept confidential and not available to the public.
Not offered

You can change your name in West Virginia by petitioning the circuit or family court in the county where you have lived for at least a year. The law requires a newspaper notice and a hearing, and there is no way to skip publication, but you can ask the court to keep your new name out of the notice and close the hearing for safety.

Main cost
$200, can be waived
Apply
In person

Draft from official sources, September 24, 2026. Not yet checked by a person. How we verify

On this page
  1. How it works
  2. Steps
  3. Costs and fee waivers
  4. Free help
  5. Forms
  6. Requirements
  7. Minors
  8. After you finish
  9. Tips
  10. Laws and other guides
  11. Sources

How it works

West Virginia has no special process for trans people: you use the same name change petition as anyone else. You file a sworn (notarized) petition with the circuit clerk in your county, pay a $200 filing fee (or ask for a fee waiver), publish a short notice in a local newspaper at least 10 days before your hearing, and go to a short hearing where the judge signs an order.

The petition must state your reason for the change. "To match my gender identity" or "I am transgender and have lived under this name" is a lawful reason. You do not need a doctor's letter.

If you are worried about your safety, check the box on the petition asking the court to protect your identity. The law then lets your newspaper notice leave out your new name, and the judge may close the hearing to the public. Publication itself is still required.

After the judge signs the order, you must file a certified copy with the county clerk (a different office from the circuit clerk) so it is recorded. Your new name is legally in effect once that is done.

Steps

  1. Fill out the petition and case information sheet[10][8]

    Download Legal Aid of West Virginia's petition (or ask your circuit clerk for the county packet) and the Civil Case Information Statement. If money is tight, also fill out the fee waiver affidavit. Do not sign anything that needs a notary yet.

  2. File with the circuit clerk and get a hearing date[10][6]

    Take your forms and a photo ID to the circuit clerk in your county. Sign the verification in front of the notary there, pay the $200 fee or submit the waiver, and ask how to get a hearing date. You will get a civil action number.

    Cost
    $200 circuit court filing fee

  3. Publish the notice at least 10 days before the hearing[1][10]

    Send the notice to the newspaper the clerk names, pay the newspaper (or file the publication-costs motion if your fee waiver was approved), and file the proof of publication with the court. If the court granted your safety request, leave your new name out of the notice.

    Cost
    $30-$100 newspaper publication

  4. Go to the hearing[10][3]

    Bring your ID and proof of publication. The judge will ask you to confirm the petition under oath. If granted, the judge signs the order. Ask for at least three certified copies.

    Cost
    Varies certified copies of the order

  5. Record the order with the county clerk[4][5]

    Take a certified copy to the county clerk (county commission) office, which records it under both names. The law says you use your new name once the order is recorded.

    Cost
    Varies recording the order with the county clerk

Costs and fee waivers

Can’t afford it? You may not have to pay.[9][10][8]

The court waives fees if your income is within the official financial guidelines. Proof of income (pay stub, W-2, SNAP or other benefits letter) must be attached or the application is not considered.

Fill out SCA-C&M201 but sign it only in front of a notary or clerk. File it with your petition. If approved, file Legal Aid's motion asking the court to also cover publication costs. A denial can be reviewed with form SCA-C&M202.

SCA-C&M201LAWV-PUB-COSTS

WhatCostNotes
Circuit court filing fee[6][13]$200Can be waivedSet by W. Va. Code 59-1-11. A few counties add small clerk charges; ask your circuit clerk.
Newspaper publication[13]$30-$100Can be waivedVaries by countyEstimate from the 2023 Fairness WV guide; cost depends on the newspaper and length of the notice.
Recording the order with the county clerk[4]VariesVaries by countyThe statute says the county clerk charges the same fee as for recording a deed. Ask the county clerk for the current amount.
Certified copies of the order[13]VariesVaries by countyGet at least three. Price varies by county.

Free help

Legal clinics, organizations, and funds that help with this.

More detail

Forms4 forms: LAWV-NC-PETITION, SCA-C-100, SCA-C&M201, LAWV-PUB-COSTS

Open a form for tips on filling it out.

Forms everyone files (2)

LAWV-NC-PETITIONPetition for Name Change (Legal Aid of West Virginia fill-in form)Required

West Virginia has no official statewide petition form. Some circuit clerks hand out their own packet; courts should accept this Legal Aid form or any petition with the information the statute requires.

How to fill it out

  • Residency: check the box for one year in the county (or the born-in / married-in / 15-year option).
  • Reason: a plain sentence is enough, such as "I am transgender and this name matches my gender identity and the name I use every day."
  • Safety box: if you fear harassment or violence, check "does desire to protect their identity for personal safety reasons" and list your reasons. Then check prayer C, which asks that your new name be left out of the newspaper notice and the hearing be closed.
  • Do not sign the verification page until you are in front of a notary. Staff at the circuit clerk's office can usually notarize it when you file.

Open LAWV-NC-PETITION[12][1]

SCA-C-100Civil Case Information Statement (Civil Cases Other than Domestic Relations)Required

File with the petition in circuit court. You can leave the defendant name blank. If you file in family court, the clerk may ask for SCA-FC-103 instead.

Open SCA-C-100[8][10]

Forms only some people need (2)

SCA-C&M201Financial Affidavit and Application: Eligibility for Waiver of Fees, Costs, or Security in a Civil or Domestic CaseOptional

Only if you cannot afford the filing fee. Attach a recent pay stub, W-2, or benefits letter with Social Security numbers blacked out.

Open SCA-C&M201[8][9]

LAWV-PUB-COSTSMotion and Order for Payment of Publication Costs (Legal Aid of West Virginia)Optional

Ask the court to cover the newspaper cost if your fee waiver is approved.

Open LAWV-PUB-COSTS[10]

RequirementsWhere you live, age, criminal record, newspaper notice, hearing, background check, privacy and sealing, timeline
Where you live
You must have lived in the county for at least one year before filing. If you do not live there now, you can file only if you were born in that county, married in that county, and lived there for at least 15 years.[1][3][10]
Age
18 or older to file for yourself. A parent or guardian files for a minor; see Minors.
Criminal record
The court cannot grant a name change while you are incarcerated for a felony, while you must register with the State Police as a sex offender, or for 10 years after release for first-degree murder or certain kidnapping convictions. The petition also asks you to swear you are not a convicted felon in any jurisdiction. If you have a felony record, talk to Legal Aid of West Virginia before filing.
Newspaper publication
Yes.

After filing and at least 10 days before the hearing, you must publish a notice of the hearing time and place as a Class I legal advertisement (one run) in a newspaper in your county. The notice must say the hearing may be rescheduled without further notice. Many clerks give you a notice form and tell you which paper to use; in some counties the court arranges publication. Afterward, file the newspaper's proof of publication with the court.

Publication cannot be skipped. If you state in the petition that you want to protect your identity for personal safety reasons, the notice does not have to include your new name, and the court may hold a closed hearing for good cause.

[1][7][10]
Court hearing
Yes.

The judge reviews your petition, has you swear it is true, and usually asks you to confirm you are not changing your name for a prohibited reason. Anyone who would be harmed by the change may appear and object. Hearings are open unless the court closes them for good cause (such as safety).

[2][3][10]
Background check
No.

No fingerprints or background check are required by statute, but you swear to your criminal history in the petition.

[1]
Privacy and sealed records
Not available.

West Virginia has no statute for sealing name change records. The order is recorded and indexed under both names at the county clerk. The only built-in protections are leaving your new name out of the newspaper notice and a closed hearing when you show a safety reason.

[1][4]
How long it takes

Usually one to three months from filing to signed order, depending on how quickly your county schedules hearings. This is an estimate; ask your circuit clerk.

MinorsA parent or guardian files the petition for the child in the county where the child has lived for a year (or was born).

A parent or guardian files the petition for the child in the county where the child has lived for a year (or was born). Legal Aid's child petition asks for both parents' names and addresses; some counties require the other parent to be named and notified by mail, and that parent may object at the hearing. The same publication rules apply.

[11][13][1]
After you finishUpdate your documents in this order: 1.

Update your documents in this order:

  1. Social Security first. The WV DMV checks your name against Social Security, so wait for the new card (about 1 to 2 weeks).
  2. WV DMV driver's license or ID (see the driver's license guide; you can change the sex marker at the same visit).
  3. Passport (see the passport guide).
  4. Birth certificate if you were born in West Virginia (see the birth certificate guide).
  5. Banks, employer, school, insurance, voter registration, and professional licenses.
Tips3 tips from people who have done this
  • Buy extra certified copies at the hearing; every agency wants its own, and going back costs time.
  • If you were born in West Virginia, you do not need a court order to change the sex on your birth certificate; the state uses a physician form instead.
  • Legal Aid of West Virginia's online Name Change Petition tool can fill out the petition for you.
Laws and other guides4 laws, 3 other guides

Laws and rules

Other trusted guides

Sources

16 sources. Numbers in the text, like [1], point here.Show all
  1. W. Va. Code 48-25-101, Petition for change of nameWest Virginia Legislature, Law. accessed
    “at least ten days before the hearing ... published as a Class I legal advertisement ... unless ... the petitioner desires to protect his or her identity for personal safety reasons: Provided, That upon good cause shown, there may be a closed hearing.”
  2. W. Va. Code 48-25-102, Objections to change of nameWest Virginia Legislature, Law. accessed
  3. W. Va. Code 48-25-103, When court may or may not order change of nameWest Virginia Legislature, Law. accessed
    “The court may not grant any change of name for any person convicted of any felony during the time that the person is incarcerated.”
  4. W. Va. Code 48-25-104, Recordation of order changing nameWest Virginia Legislature, Law. accessed
    “index the same under both the old and the new names. For such recording and indexing the clerk shall be allowed the same fee as for a deed.”
  5. W. Va. Code 48-25-105, When new name to be usedWest Virginia Legislature, Law. accessed
  6. W. Va. Code 59-1-11, Fees to be charged by clerk of circuit courtWest Virginia Legislature, Law. accessed
    “for instituting any civil action ... or any other action, cause, suit or proceeding, $200”
  7. W. Va. Code 59-3-2, Classification of legal advertisementsWest Virginia Legislature, Law. accessed
    “A Class I legal advertisement shall be published one time”
  8. Court FormsSupreme Court of Appeals of West Virginia, Court. accessed
  9. SCA-C&M201, Financial Affidavit and Application: Eligibility for Waiver of Fees, Costs, or SecuritySupreme Court of Appeals of West Virginia, Form. accessed
    “You will be allowed to file and carry on your civil proceeding without giving security or paying fees or costs ... if the court finds that you meet the official financial guidelines.”
  10. Changing Your NameLegal Aid of West Virginia, Organization. accessed
    “If you asked that your identity be protected for personal safety reasons and your request is granted, the court will not require you to put your new name in the notice and the court may order that your hearing be closed to the public.”
  11. Changing Your Child's NameLegal Aid of West Virginia, Organization. accessed
  12. Petition for Name Change (fill-in form)Legal Aid of West Virginia, Form. accessed
  13. Name & Gender Change Guide for West Virginia Residents (PDF updated November 2, 2023)Fairness West Virginia and Legal Aid of West Virginia, Organization. accessed
    “you should generally expect to pay anywhere between $30 to $100”
  14. Name & Gender Change Guide (web page)Fairness West Virginia, Organization. accessed
  15. ResourcesFairness West Virginia, Organization. accessed
  16. GenderbandsOrganization. accessed