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Roanoke County, VA Probate Information
Quick facts
| Item | Roanoke County details |
|---|---|
| Court and filing office | Roanoke County Circuit Court, Clerk of the Circuit Court, Estates Division |
| Courthouse address | 305 East Main Street, Second Floor, Salem, VA 24153 |
| Mailing address | P.O. Box 1126, Salem, VA 24153-1126 |
| Probate phone | (540) 387-6206, the Estates Division appointment line |
| General clerk phone | (540) 387-6205 |
| Fax | (540) 387-6145. The clerk does not publish this as a probate filing route. |
| Hours | 8:30 a.m. to 4:30 p.m., Monday through Friday, closed state and federal holidays |
| Appointment | Required for probate. The clerk says the appointment length varies but is about one hour. |
| Probate tax and qualification fee | The Commonwealth probate tax is 10 cents per $100 of estate value, unchanged since 2003, and estates of $15,000 or less are exempt (Va. Code § 58.1-1712). Roanoke County also collects the local probate tax allowed by Va. Code § 58.1-1718, published by the clerk as 3.33 cents per $100 of estate value. Payment is due at the appointment. The qualification fee is based on the estate value under Va. Code § 17.1-275(A)(3). |
| Local forms | No Roanoke County probate packet or cover sheet is published. The clerk sends readers to the Commonwealth's statewide circuit court fiduciary forms. |
| Electronic filing | No electronic filing for probate. Opening an estate is an in-person appointment with the clerk. Attorneys may use the Virginia Judiciary eFiling System for civil cases. |
| Case search | No free public portal shows a Roanoke County estate file. Wills probated here are searchable in the Public Records Room on the courthouse second floor, and the clerk offers a paid secure remote access subscription for wills and fiduciary records. |
| Remote appearance | Qualification is an in-person appointment. Virginia circuit courts may allow telephone or video participation in a civil proceeding at the court's discretion (Va. Code § 17.1-513.2), but qualifying before the clerk is not that type of hearing. |
| Website | https://www.roanokecountyva.gov/435/Estates-Wills |
Before you begin — know the assets and liabilities
Before you call the Roanoke County Estates Division, make a practical list of what was owned in the decedent's name alone, what was jointly owned, what had a beneficiary, what debts are known, and whether any Virginia real estate must pass through probate. The clerk asks for approximate values at the appointment because the probate tax, Roanoke County local probate tax and qualification fee are calculated from estate value.
Sunset's estate settlement workflow starts with asset discovery across more than 2,300 institutions, then helps organize the appointment packet so the Roanoke County clerk has the original will, death certificate, heir information and asset values the first time you go to Salem.
Which court handles jurisdiction
Use the Roanoke County Circuit Court clerk's counter for a decedent who had a known place of residence in Roanoke County. Virginia venue starts in the circuit court of the county or city where the decedent had a known place of residence (Va. Code § 64.2-443). If the decedent had no known place of residence, the statute looks next to Virginia real estate, then to where the decedent died or had estate. A person who moved to a nursing home or similar institution because of age or impaired health is presumed to keep the prior legal residence unless that presumption is rebutted.
The Roanoke County counter is at 305 East Main Street, Second Floor, Salem. Salem is an independent city, not part of Roanoke County, but the Roanoke County courthouse is there. A Town of Vinton decedent is a Roanoke County decedent and uses the Roanoke County counter in Salem.
The Twenty-third Judicial Circuit also includes the City of Roanoke and the City of Salem (Va. Code § 17.1-506). Those cities each have their own Clerk of the Circuit Court. If the decedent lived in the City of Roanoke or the City of Salem, use that city's clerk, not the Roanoke County clerk.
The jurisdiction process
- Call the Roanoke County Estates Division at (540) 387-6206 to make the probate appointment. The clerk requires appointments and says the appointment usually takes about one hour. There is no published online booking.
- Gather the appointment materials. With a will, bring the original will, death certificate, approximate values for solely owned personal property and any Virginia real estate that must pass through probate, and the names, ages and addresses of heirs at law. If the named executor will not serve, the clerk asks for a notarized renunciation letter. If the named executor has died, bring that death certificate. With no will, bring the death certificate, heir information, approximate values, an appropriate nomination of administrator under Va. Code § 64.2-502, and be prepared to address surety unless waived by law.
- Go to the clerk's office on the second floor at 305 East Main Street in Salem. In Virginia, you qualify, meaning you are appointed and sworn in, before the Clerk of the Circuit Court. The clerk may admit the will to probate and qualify an executor or administrator without an ordinary court hearing (Va. Code § 64.2-444).
- Pay the charges due at the appointment. The Commonwealth probate tax is imposed under Va. Code § 58.1-1712, and Roanoke County collects the local probate tax allowed by Va. Code § 58.1-1718. The clerk also calculates the qualification fee under Va. Code § 17.1-275(A)(3). The clerk's office does not accept altered checks.
- Receive the certificate of qualification. The certificate of qualification, CC-1625, is the document banks and transfer agents use to recognize the personal representative's authority (Va. Code § 64.2-506). The July 2026 circuit court fee schedule says the qualification fee includes two certificates, and additional certificates are $2 each.
- Send the required notice after qualification or admission of the will. Notice to the persons entitled to notice is due within 30 days, and the affidavit of notice is recorded in the clerk's office within four months (Va. Code § 64.2-508). If notice is waived, use the statewide waiver form.
- Work with the Commissioner of Accounts, not the courthouse counter, after qualification. The inventory is returned to the commissioner of accounts within four months after the order conferring authority (Va. Code § 64.2-1300). The first account is exhibited before the commissioner within 16 months from qualification (Va. Code § 64.2-1304). For Roanoke County, the commissioner's office is a private law office on East Main Street in Salem.
- Address creditors and disputed matters as needed. Virginia's new creditor notice process is optional, not automatic (Va. Code § 64.2-508.1). A contested will, an appeal from the clerk's order or a disputed claim can move the matter to the circuit court's civil docket under statewide rules.
- Close the estate settlement through the commissioner of accounts. Depending on the estate, the personal representative may file further accounts or a statement in lieu. The estate settlement is complete when the required accounts or closing documents have been settled through the commissioner and the remaining property has been distributed.
Forms and documents
Probate forms in Roanoke County
Roanoke County uses the Commonwealth's statewide circuit court fiduciary forms. The clerk publishes no county probate packet, no local probate cover sheet and no Roanoke County form number for decedent estates. The clerk's own forms answer sends readers to the Virginia State Courts probate and fiduciary forms.
| Form | Use | Roanoke County note |
|---|---|---|
| CC-1650, Probate information form | Information the clerk collects for a probate appointment | Use it to organize the appointment packet before calling or going to Salem. |
| CC-1651, Probate tax return | Return used when the estate exceeds the probate tax exemption (Va. Code § 58.1-1714) | The clerk calculates the Commonwealth probate tax and Roanoke County local probate tax at the appointment. |
| CC-1611, List of heirs | Required list of heirs under Va. Code § 64.2-509 | Presented at qualification or when a will is presented and no one qualifies. |
| CC-1612, List of heirs / real estate affidavit | Real estate affidavit route under Va. Code § 64.2-510 | Recorded with the clerk when applicable to an intestate real-estate matter. |
| CC-1616 and CC-1617 | Notice regarding estate and affidavit of notice | Notice is due within 30 days, and the affidavit is recorded within four months (Va. Code § 64.2-508). |
| CC-1618 | Waiver of notice of probate or qualification | Use only when a person entitled to notice signs a waiver. |
| CC-1610 | Consent of nonresident fiduciary for service of process | A nonresident fiduciary files this with the clerk at qualification (Va. Code § 64.2-1426). |
| CC-1625 | Certificate / letter of qualification | This is the personal representative's authority document under Va. Code § 64.2-506. |
| CC-1670 | Inventory of decedent's estate | Return it to the commissioner of accounts, not to the clerk's counter (Va. Code § 64.2-1300). |
| CC-1680 | Account for decedent's estate | Exhibit the first account before the commissioner within 16 months (Va. Code § 64.2-1304). |
| CC-1681 | Statement in lieu of settlement of account | Used for the common statewide closing path when the statutory conditions are met. |
| CC-1685 | Small estate affidavit | Presented to the asset holder under Va. Code §§ 64.2-600 through 64.2-605, not filed with the clerk. |
| CC-1686 and CC-1687 | Optional notice to creditors and affidavit of notice to creditors | Used only if the personal representative chooses the optional creditor notice process under Va. Code § 64.2-508.1. |
Statewide forms are available at https://www.vacourts.gov/forms/circuit/fiduciary and https://www.vacourts.gov/forms/home.
Fees
Roanoke County has a real local fee layer because it collects the local probate tax allowed by Va. Code § 58.1-1718. The Commonwealth probate tax is 10 cents per $100 of estate value, unchanged since 2003, with estates of $15,000 or less exempt (Va. Code § 58.1-1712). The clerk publishes Roanoke County's local probate tax as 3.33 cents per $100 of estate value, which is one third of the Commonwealth rate, and says payment is due at the appointment.
| Charge | Amount | Authority or local note |
|---|---|---|
| Commonwealth probate tax | 10 cents per $100 of estate value. Estates of $15,000 or less are exempt. | Va. Code § 58.1-1712 |
| Roanoke County local probate tax | 3.33 cents per $100 of estate value | Collected by the clerk under the local probate tax authority in Va. Code § 58.1-1718 |
| Qualification fee | $0 for estates of $5,000 or less, $20 for estates over $5,000 and not over $50,000, $25 for estates over $50,000 and not over $100,000, and $30 for estates over $100,000 | Va. Code § 17.1-275(A)(3). Current statutory tiers are reflected in the July 2026 circuit court fee schedule, which says the qualification fee includes the oath, initial bond, two certificates of qualification and order of qualification. |
| Additional certificate of qualification | $2 each | Va. Code § 17.1-275(A)(9). The July 2026 circuit court fee schedule says two certificates are included with qualification. |
| Copies from the clerk | $0.50 per page | Va. Code § 17.1-275(A)(8). The clerk publishes the same copy charge for office copies. |
| Certification of a document | $2 per document | Va. Code § 17.1-275(A)(9). The clerk publishes the same certification charge. |
| Recording and indexing a will, list of heirs or real estate affidavit | $18 for 10 or fewer pages, $32 for 11 to 30 pages, and $52 for 31 or more pages | Va. Code § 17.1-275(A)(2) |
| Technology trust fund fee on wills | No technology trust fund fee applies to wills | The July 2026 circuit court fee schedule states that the technology trust fund fee does not apply to wills. |
| Roanoke County law library fee | No $4 law library fee | The clerk states that Roanoke County repealed the $4 law library fee effective February 13, 2018. |
The clerk's Estates Division calculates the total from the estate value during the appointment. Ask the Estates Division at (540) 387-6206 what payment methods are accepted before you go.
Local nuance
Roanoke County-specific considerations
| Local point | What it means for families |
|---|---|
| The county courthouse is in Salem | The Roanoke County probate counter is at 305 East Main Street, Second Floor, Salem. Salem is an independent city and is not part of Roanoke County. |
| Three separate clerks serve the circuit | Roanoke County, the City of Roanoke and the City of Salem each have a separate Clerk of the Circuit Court. A Roanoke County estate uses the Roanoke County counter, even though that counter is in Salem. |
| Probate is by appointment only | Call the clerk's Estates Division at (540) 387-6206. The clerk says appointments usually take about one hour. |
| Roanoke County collects local probate tax | In addition to the Commonwealth probate tax under Va. Code § 58.1-1712, Roanoke County collects the local probate tax allowed by Va. Code § 58.1-1718. The clerk publishes the local rate as 3.33 cents per $100 of estate value. |
| The clerk asks for renunciation documents | If the executor named in the will does not wish to serve, the clerk asks for a notarized renunciation letter. If the named executor has died, the clerk asks for a death certificate. |
| Inventory and accounts go elsewhere | After qualification, the inventory and accounts go to the Commissioner of Accounts for the Twenty-third Judicial Circuit, a private law office on East Main Street in Salem, not back to the courthouse counter (Va. Code § 64.2-1200). |
| Wills and fiduciary records have two access routes | Wills probated in Roanoke County are searchable in the Public Records Room on the second floor. The clerk also offers a paid secure remote access subscription with wills and fiduciary index entries from January 3, 1994 and images from October 26, 2001. |
Recent updates
| Date | Local update |
|---|---|
| February 13, 2018 | Roanoke County repealed its $4 law library fee, and the clerk states that published fees reflect the change. |
| March 27, 2019 | The clerk's office stopped accepting checks that have been altered in any way, including alterations made by an authorized signer. |
| July 2026 | The Commonwealth circuit court fee schedule was revised and states that the qualification fee includes the oath, initial bond, two certificates of qualification and order of qualification, and that the technology trust fund fee does not apply to wills. |
Page last reviewed: August 2026.
Scenarios
| Situation | Roanoke County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | If the home passes outside probate by survivorship, focus on assets held in the decedent's name alone. Call the Estates Division at (540) 387-6206 for the appointment, bring the original will, death certificate, heir information and approximate values for solely owned assets, and be ready to pay the Commonwealth probate tax and Roanoke County local probate tax at the appointment. | Sunset helps identify which accounts were solely owned, which had beneficiaries and what asset list should go to the clerk, so the estate settlement appointment is less likely to be repeated. |
| Out-of-state adult child with a small estate | If the statewide small estate affidavit path applies, the affidavit is presented to the asset holder and is not filed with the Roanoke County clerk. If qualification is needed, plan for an in-person appointment in Salem. A nonresident fiduciary files CC-1610 and should expect surety unless a Virginia resident fiduciary qualifies at the same time or the clerk waives surety (Va. Code §§ 64.2-1426, 64.2-1411). | Sunset helps organize the will, death certificate, heir list and asset values before travel, and can help the child decide what to ask the Estates Division before booking the trip. |
| Parent settling a predeceased child's estate, home must be sold | If a home must be sold, qualification is often needed so someone has authority to sign estate documents. The clerk asks for the fair market value of Virginia real estate that must pass through probate, and Roanoke County collects the local probate tax on the same value. After qualification, the inventory and accounts go to the Commissioner of Accounts in Salem. | Sunset helps gather property, mortgage and account information, prepare the probate packet and connect the parent with a local probate attorney when a sale or disputed heir issue needs counsel. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Roanoke County Circuit Court clerk, Estates and Wills | Local page for probate appointments, what to bring, taxes due at probate and where wills are searchable. Clerks answer procedure questions but not legal interpretation questions. | https://www.roanokecountyva.gov/435/Estates-Wills (540) 387-6206 |
| Roanoke County Circuit Court, Virginia Judiciary page | Judiciary page for the court, with clerk hours, address, phone, fax and terms of court. | https://www.vacourts.gov/courts/circuit/roanoke_county/home |
| Commissioners of Accounts directory, Supreme Court of Virginia | Directory for the commissioner of accounts office that audits inventories and accounts after qualification. Search by jurisdiction. | https://www.vacourts.gov/courts/circuit/resources/coa/home |
| Virginia Judiciary circuit court fiduciary forms | Statewide fiduciary and probate forms used in Roanoke County, including qualification, notice, inventory, account, small estate and creditor notice forms. | https://www.vacourts.gov/forms/circuit/fiduciary |
| Virginia Judicial System Court Self-Help | State court self-help site with a probate forms section. It does not replace the Roanoke County appointment instructions. | https://selfhelp.vacourts.gov/ |
| Blue Ridge Legal Services, Roanoke office | Income-limited general civil legal aid for Roanoke County residents. It does not list estate administration as a published service, so ask about eligibility and whether the issue fits its priorities. | 132 Campbell Avenue SW, Suite 300, Roanoke, VA 24011 (540) 344-2080 Telephone intake Monday through Friday, 9:00 to 11:45 a.m. and 1:30 to 3:30 p.m. |
When to hire an attorney
The Roanoke County clerk draws the practical line clearly: the office can answer procedural questions, but legal interpretation questions about Virginia estate law should go to a Virginia lawyer. Counsel is especially useful when the estate must sell real estate, when surety on the bond is likely, when the named executor has died or will not serve, when an out-of-state fiduciary needs to qualify, when a creditor claim is disputed, or when a will contest or appeal moves the matter to the circuit court's civil docket. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify accounts, policies and property that may affect whether qualification is needed and what value the Roanoke County clerk uses to calculate probate tax and the qualification fee.
Generate the probate packet. Sunset turns the family's information into an organized packet for the Salem appointment, including the asset list, heir information and form checklist that fit the Roanoke County clerk's published instructions.
Find a local probate attorney. When an estate sale, surety issue, disputed claim or nonresident qualification needs legal help, Sunset can connect the family with a Virginia probate attorney familiar with the Roanoke County process.
Sunset is free for families. Sunset helps families move through estate settlement without adding another bill at the beginning of the process.
Frequently asked questions
Where do I file to probate a will in Roanoke County?
Call the Roanoke County Circuit Court clerk's Estates Division at (540) 387-6206 and make an appointment. The probate counter is on the second floor at 305 East Main Street in Salem. Venue usually belongs in the county or city where the decedent had a known place of residence (Va. Code § 64.2-443).
Is the Roanoke County courthouse in Roanoke or in Salem?
It is in Salem. The Roanoke County courthouse is at 305 East Main Street in the City of Salem. Salem is an independent city, and the City of Salem has its own clerk. Use the Roanoke County counter only for a Roanoke County estate.
Do I need an appointment to probate a will in Roanoke County?
Yes. The clerk requires probate appointments. Call the Estates Division at (540) 387-6206. The clerk says the length varies but is about one hour.
What does Roanoke County charge in probate tax?
The Commonwealth probate tax is 10 cents per $100 of estate value, and estates of $15,000 or less are exempt (Va. Code § 58.1-1712). Roanoke County also collects the local probate tax allowed by Va. Code § 58.1-1718, published by the clerk as 3.33 cents per $100 of estate value. The clerk says payment is due at the appointment.
Can I probate a will online or e-file in Roanoke County?
No. Opening an estate in Roanoke County is an in-person appointment with the clerk's Estates Division in Salem. The clerk offers attorney electronic filing for civil cases through the Virginia Judiciary eFiling System, but that is not how a personal representative qualifies.
Can I look up a Roanoke County estate file?
No free public portal shows a Roanoke County estate file. Wills probated here are searchable in the Public Records Room on the second floor of the courthouse. The clerk also offers a paid secure remote access subscription that includes wills and fiduciary records, subject to the clerk's approval.
Does the Roanoke County clerk have its own probate forms?
No county probate packet or local cover sheet is published. Roanoke County uses the statewide Virginia circuit court fiduciary forms at https://www.vacourts.gov/forms/circuit/fiduciary.
Do I have to travel to Salem if I live out of state?
Qualification is published as an in-person appointment, so call the Estates Division at (540) 387-6206 before making travel plans. A nonresident fiduciary may qualify in Virginia, but must file a written consent to service of process and should expect surety unless a Virginia resident fiduciary qualifies at the same time or the clerk waives surety (Va. Code §§ 64.2-1426, 64.2-1411).
Where do the inventory and accounts go after I qualify in Roanoke County?
They go to the Commissioner of Accounts for the Twenty-third Judicial Circuit, not back to the courthouse counter. The commissioner of accounts supervises fiduciaries and settles accounts under Va. Code § 64.2-1200. For Roanoke County, the commissioner's office is a private law office on East Main Street in Salem.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.