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City of Salem, VA Probate Information
Quick facts
| Item | City of Salem information |
|---|---|
| Court | City of Salem Circuit Court, Twenty-third Judicial Circuit of Virginia. Probate is handled by the Clerk of the Circuit Court. |
| Courthouse address | 2 East Calhoun Street, Salem, VA 24153-7933. |
| Mailing | Call the clerk before mailing an original will or qualification papers. |
| Phone | (540) 375-3067. |
| Fax | (540) 375-4039. |
| Hours | 8:30 a.m. to 4:30 p.m., Monday through Friday. No lunch closure or probate intake cutoff is published. |
| Probate tax and clerk fees | The state probate tax is 10 cents per $100 of value for estates over $15,000 (Va. Code § 58.1-1712). Statewide qualification and recording fees also apply under Va. Code § 17.1-275. The City of Salem code carries a local probate tax provision tied to Va. Code §§ 58.1-1718 and 58.1-3805, which allow a city tax equal to one-third of the state tax where imposed, so ask the clerk for the exact total when you schedule or attend the appointment. |
| Local forms | The clerk does not publish a City of Salem-specific probate packet, worksheet or checklist. Use the statewide Virginia Circuit Court fiduciary forms. |
| Electronic filing | Salem is listed as a Virginia Judiciary eFiling System participating court for attorney civil filings. VJEFS is for Virginia State Bar members and their staff and is not the route for qualification before the clerk. |
| Case access | No free public website shows City of Salem estate files. OCIS does not include probate records. |
| Remote appearance | No current City of Salem source supports remote or video qualification. Qualifying before the clerk is normally an in-person appointment. |
| Website | City of Salem Circuit Court, Virginia Judiciary. |
Before you begin — know the assets and liabilities
Before you call the City of Salem clerk, list the decedent's assets, debts, titled property, accounts and real estate. Virginia probate depends on what must be collected or sold, whether there is a will, who is entitled to notice and whether someone must qualify as personal representative.
Sunset's estate settlement tools help families find accounts across more than 2,300 institutions, organize liabilities and prepare for the clerk appointment. That asset picture also helps you avoid the common local mistake of going to Roanoke County's separate courthouse instead of the City of Salem courthouse.
Which court handles jurisdiction
File for a City of Salem decedent at the City of Salem Circuit Court clerk's counter, 2 East Calhoun Street, Salem. Virginia venue is 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 lived in the City of Salem, use the City of Salem clerk.
The City of Salem is an independent city. It is not part of Roanoke County, and it does not share Roanoke County's clerk. The City of Salem, Roanoke County and the City of Roanoke are all in the Twenty-third Judicial Circuit (Va. Code § 17.1-506), but each has a separate Clerk of the Circuit Court and a separate courthouse.
The jurisdiction process
- Gather the original will, death certificate, asset information, names and addresses of heirs and beneficiaries, and the statewide forms the clerk requests for probate or qualification.
- Call the City of Salem Circuit Court clerk at (540) 375-3067 before you go to 2 East Calhoun Street. Ask what the clerk wants you to bring, whether an appointment is needed, and the current total for state probate tax, any City of Salem local probate tax under Va. Code § 58.1-1718, qualification fees and recording fees.
- Go to the City of Salem clerk's counter, not Roanoke County's courthouse at 305 East Main Street. In Virginia, the clerk or a deputy clerk admits the will and qualifies the personal representative, which means appoints and swears in the executor or administrator (Va. Code § 64.2-444).
- Pay the applicable probate tax and clerk fees. The state probate tax is 10 cents per $100 of value for estates over $15,000 (Va. Code § 58.1-1712), and Salem's code carries a local probate tax provision tied to Va. Code §§ 58.1-1718 and 58.1-3805.
- If you qualify, obtain the certificate of qualification, CC-1625. This is the document banks, title companies and other institutions use to recognize your authority.
- Send the required notice of probate or qualification to the people entitled to notice within 30 days, then record the notice affidavit with the clerk within four months (Va. Code § 64.2-508).
- Work with the commissioner of accounts assigned for the City of Salem. The commissioner of accounts is a private attorney appointed by the circuit court's judges, not the clerk, and supervises the inventory and accounts (Va. Code § 64.2-1200).
- Return the inventory to the commissioner of accounts within four months after the order conferring authority (Va. Code § 64.2-1300), then submit the first account within 16 months of qualification (Va. Code § 64.2-1304), unless a statement in lieu or another statewide closing route applies.
- Collect assets, pay valid debts, address any creditor process your attorney recommends and distribute the remaining property. Estate settlement usually ends after the commissioner of accounts settles the final account or accepts an available statement in lieu.
Forms and documents
Probate forms in the City of Salem
The City of Salem clerk does not publish a local probate packet, worksheet or checklist. Use the statewide Virginia Circuit Court fiduciary forms and ask the clerk which forms to bring to the appointment.
| Form | Use |
|---|---|
| CC-1650, Probate information form | Information the clerk commonly collects for a probate or qualification appointment. |
| CC-1651, Probate tax return | Used when the estate value requires a probate tax return under Va. Code § 58.1-1714. |
| CC-1611, List of heirs | Filed at qualification or when a will is presented and no one qualifies (Va. Code § 64.2-509). |
| CC-1610, Consent of nonresident fiduciary for service of process | Used when a nonresident qualifies as personal representative (Va. Code § 64.2-1426). |
| CC-1625, Certificate / letter of qualification | The authority document issued after qualification (Va. Code § 64.2-506). |
| CC-1670, Inventory of decedent's estate | Returned to the commissioner of accounts within four months after authority is granted (Va. Code § 64.2-1300). |
| CC-1680, Account for decedent's estate | Used for the first account due within 16 months of qualification (Va. Code § 64.2-1304). |
| CC-1681, Statement in lieu of settlement of account | Used when the statewide requirements for a statement in lieu are met (Va. Code § 64.2-1314). |
Statewide forms are posted at the Virginia Circuit Court fiduciary forms page.
Local nuance
City of Salem-specific considerations
| Local issue | What to do |
|---|---|
| Three nearby clerks can be confused | Use 2 East Calhoun Street for a City of Salem estate. Roanoke County's separate courthouse is at 305 East Main Street in the same town, and the City of Roanoke's clerk is in downtown Roanoke. |
| Shared circuit does not mean shared clerk | The City of Salem, Roanoke County and the City of Roanoke are all in the Twenty-third Judicial Circuit, but each has its own elected Clerk of the Circuit Court. |
| Commissioner of accounts is separate from the clerk | After qualification, inventory and account work goes through the commissioner of accounts for the City of Salem, whose contact information is listed in the Virginia Judiciary's Commissioners of Accounts directory. |
Recent updates
Scenarios
| Situation | Likely City of Salem path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Call (540) 375-3067 and make sure any qualification or will recording happens at 2 East Calhoun Street. Ask the clerk for the current total that includes state probate tax under Va. Code § 58.1-1712 and any City of Salem local probate tax under Va. Code §§ 58.1-1718 and 58.1-3805. | Sunset helps identify accounts, debts, title issues and documents before the clerk appointment. |
| Out-of-state adult child with a small estate | You can serve from out of state, but a nonresident fiduciary signs CC-1610 and should expect the clerk to address surety unless a Virginia resident qualifies too or the clerk waives surety under the statewide rules (Va. Code §§ 64.2-1426, 64.2-1411). Confirm that you are going to the City of Salem courthouse, not Roanoke County's separate building nearby. | Sunset helps decide whether qualification is needed, prepares the family information and connects you with local counsel if travel or bond questions make the process harder. |
| Parent settling a predeceased child's estate, home must be sold | Plan for qualification at 2 East Calhoun Street, then work with the commissioner of accounts for the inventory and first account. The first account is due within 16 months of qualification (Va. Code § 64.2-1304). | Sunset helps organize assets for sale, generate the probate packet and keep estate settlement tasks in one place. |
Self-help resources
| Resource | How it helps | Link |
|---|---|---|
| Salem Circuit Court, Virginia Judiciary | Clerk phone, fax, hours, circuit information and term dates for the City of Salem's own clerk. | Salem Circuit Court |
| Circuit Court fiduciary forms | Statewide probate and fiduciary forms used in Virginia circuit court clerk offices. | Fiduciary forms |
| Commissioners of Accounts directory | Current commissioner of accounts contact information for the City of Salem and other Virginia jurisdictions. | Commissioners of Accounts directory |
| Blue Ridge Legal Services, Roanoke office | General civil legal aid for the City of Salem. Estate administration is not listed as a service. Intake is 9:00 to 11:45 a.m. or 1:30 to 3:30 p.m., Monday through Friday, or online. | Blue Ridge Legal Services Roanoke office |
When to hire an attorney
Consider a Virginia probate attorney if the will is disputed, the estate owns real estate that must be sold, a nonresident fiduciary needs bond guidance, creditors may be significant, or family members disagree about who should qualify. Sunset connects families with a vetted attorney when legal help is the right next step.
How Sunset helps
Find the accounts and assets
Sunset searches across more than 2,300 institutions so families can identify accounts, insurance, debts and other property before starting estate settlement in the City of Salem.
Generate the probate packet
Sunset turns the family and asset information into an organized probate packet, so you know what to bring to the Clerk of the Circuit Court and what questions to ask.
Find a local probate attorney
If the estate needs legal advice, Sunset can connect you with a vetted Virginia probate attorney familiar with clerk qualification, commissioner of accounts requirements and local practice.
Sunset is free for families
Families can use Sunset to organize estate settlement tasks, documents and next steps without paying Sunset a fee.
Frequently asked questions
Where do I file to probate a will in the City of Salem?
File at the City of Salem Circuit Court clerk's counter, 2 East Calhoun Street, Salem. Venue is the circuit court of the city where the decedent had a known place of residence (Va. Code § 64.2-443).
Is the City of Salem courthouse the same as the Roanoke County courthouse?
No. The City of Salem courthouse is at 2 East Calhoun Street. Roanoke County's separate courthouse is at 305 East Main Street in the same town, and it serves Roanoke County estates, not City of Salem estates.
Do I have to go before a judge to be appointed in the City of Salem?
No. In Virginia, the Clerk of the Circuit Court or a deputy clerk admits the will and qualifies the personal representative (Va. Code § 64.2-444). A circuit court judge becomes involved if a matter is contested or appealed under the statewide rules.
What should I ask about Salem probate tax before the appointment?
Ask the clerk for the current total. The state probate tax is 10 cents per $100 of value for estates over $15,000 (Va. Code § 58.1-1712). The City of Salem code carries a local probate tax provision tied to Va. Code §§ 58.1-1718 and 58.1-3805, which allow a city tax equal to one-third of the state tax where imposed.
Does the City of Salem clerk have its own probate forms?
The clerk does not publish a City of Salem-specific probate packet, worksheet or checklist. Use the statewide Virginia Circuit Court fiduciary forms, including CC-1650, CC-1611, CC-1625, CC-1670 and CC-1680 as applicable.
Can I use VJEFS for a City of Salem probate appointment?
No. Salem is listed as a VJEFS participating court for attorney civil filings, but VJEFS is for Virginia State Bar members and their staff. It is not the route for qualification before the clerk.
Can I check a City of Salem estate file on a public website?
No free public website shows City of Salem estate files. OCIS does not include probate records. Call the clerk at (540) 375-3067 for access questions.
Where do I send the inventory and accounts after I qualify?
Send them to the commissioner of accounts assigned for the City of Salem, not to the clerk. The inventory is returned to the commissioner of accounts within four months after authority is granted (Va. Code § 64.2-1300), and the first account is due within 16 months of qualification (Va. Code § 64.2-1304).
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.