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Randolph County, WV Probate Information
Quick facts
| Item | Randolph County details |
|---|---|
| Probate authority | The Randolph County Commission holds probate jurisdiction through its clerk under W. Va. Code § 7-1-3 and W. Va. Const. art. VIII, § 6. The Randolph County Clerk handles routine estate papers at the counter under W. Va. Code § 41-5-10 and § 44-1-4. |
| County clerk address | 2 Randolph Avenue, Elkins, WV 26241. |
| Mailing | No separate mailing address is published for the Randolph County Clerk. Use the street address and call before mailing original estate documents. |
| Phone | (304) 636-0543. |
| Fax | (304) 636-0544. |
| Hours | Monday through Friday, 8:00 a.m. to 4:30 p.m. No lunch closure is published. |
| Fee information | The Randolph County Clerk does not publish an estate-specific fee schedule. West Virginia has no statewide probate filing fee. Estate papers are charged as recorded documents under W. Va. Code § 59-1-10, including $10 for a document of five pages or fewer, $1 for each additional page, and $5 to administer an oath, plus a $20 fee for the clerk's published notice to creditors under W. Va. Code § 44-1-14a(g), a $10 settlement recording and mailing charge under the applicable settlement statute, newspaper publication costs, any bond cost under W. Va. Code § 44-1-8, and any referral costs if a fiduciary commissioner under W. Va. Code § 44-3 becomes involved. |
| Forms | The clerk's page publishes an Estate Appraisement form. It does not publish a local probate checklist, brochure, or small-estate affidavit template. |
| Electronic filing | West Virginia has no e-filing for probate through the judiciary system. Estate papers are filed on paper with the county clerk. |
| Record lookup | The clerk's website links a Search Public Records tool. Ask the clerk whether that tool covers recorded wills, appraisements, or settlements. WVPASS is a circuit court records system and does not contain routine estate files. |
| Phone or video participation | Most routine estates are handled at the clerk's counter. If a dispute or referral creates a hearing, ask the county clerk whether the county office will allow phone or video participation. |
| Website | https://randolphctywv.gov/county-clerk/ |
Before you begin — know the assets and liabilities
Before you file in Randolph County, make a working list of the decedent's probate assets, nonprobate assets, debts, real estate, and account institutions. That list controls whether you can use the West Virginia small-estate process under W. Va. Code § 44-1A, what must be included on the appraisement under W. Va. Code § 44-1-14, and what the Randolph County Clerk will need when you qualify.
Sunset can help with that first asset search. Sunset's estate settlement platform searches across 2,300 institutions, organizes what it finds, and helps your family turn the asset picture into a filing plan before you call the Randolph County Clerk's office in Elkins.
Which court handles jurisdiction
If the decedent lived in Randolph County, you start with the Randolph County Clerk at the courthouse in Elkins. An estate is opened where the person lived: W. Va. Code § 41-5-4 puts a will before the county commission of the county where the decedent had a mansion house or known place of residence at death, and W. Va. Code § 44-1-4 puts an intestate estate in the same place.
West Virginia probate is not a court proceeding for a routine estate. The Randolph County Commission holds probate jurisdiction under W. Va. Code § 7-1-3 and W. Va. Const. art. VIII, § 6, and the elected Randolph County Clerk admits the will to record and appoints the executor or administrator at the courthouse in Elkins, acting for the commission between its sessions under W. Va. Code § 41-5-10 and § 44-1-4. A will contest goes to the Circuit Court of Randolph County under W. Va. Code § 41-5-11.
The jurisdiction process
- Gather the original will, if there is one, certified death certificate, names and addresses of heirs or beneficiaries, known assets, known debts, and any bond information the clerk asks for under W. Va. Code § 44-1-8.
- Call the Randolph County Clerk at (304) 636-0543 before visiting 2 Randolph Avenue in Elkins, especially because the county website also lists a general county address at 4 Randolph Avenue, Suite 207.
- File the will or the application to administer an intestate estate with the Randolph County Clerk. The clerk acts for the Randolph County Commission under W. Va. Code § 7-1-3, W. Va. Code § 41-5-10, and W. Va. Code § 44-1-4.
- Pay the clerk's required recording and oath charges. The Randolph County Clerk does not publish an estate-specific fee schedule, so ask for the current total when you call. West Virginia recording charges are set through W. Va. Code § 59-1-10.
- Take the oath and, unless excused by the will or W. Va. Code § 44-1-8, arrange any required bond. The clerk then issues the certificate of qualification, the letters document banks usually need before releasing estate accounts.
- File the appraisement under W. Va. Code § 44-1-14 and the nonprobate inventory under W. Va. Code § 11-11-7 within 90 days after qualification. The Randolph County Clerk's website publishes an Estate Appraisement form.
- Follow the notice to creditors process under W. Va. Code § 44-1-14a. The clerk publishes the notice, and creditors use the statutory claims process tied to that publication.
- If the estate qualifies for West Virginia's small-estate route under W. Va. Code § 44-1A, file the affidavit with the Randolph County Clerk instead of qualifying as a personal representative. Since July 9, 2025, the W. Va. Code § 44-1A small-estate route is not available at all if the decedent owned probate real estate, and the personal-property limit is $50,000 under W. Va. Code § 44-1A-1(b)(4).
- If an objection is filed or the estate is referred to a fiduciary commissioner under W. Va. Code § 44-3, ask the Randolph County Clerk how that referral will be scheduled and whether phone or video participation is available.
- After assets are collected, claims are handled, and distributions are ready, close the estate through the settlement process the clerk directs, such as a waiver of final settlement under W. Va. Code § 44-2-29 or another settlement filing under W. Va. Code § 44-2.
Forms and documents
Probate forms in Randolph County
The Randolph County Clerk's office publishes an Estate Appraisement form on its County Clerk page. The appraisement is part of the West Virginia filing required after qualification under W. Va. Code § 44-1-14.
West Virginia does not publish a statewide probate form set. The appraisement, Form ET 6.01, is tied to W. Va. Code § 44-1-14, and the nonprobate inventory, Form ET 6.02, is tied to W. Va. Code § 11-11-7. The small-estate affidavit's contents are set by W. Va. Code § 44-1A-2(e). The Randolph County Clerk's office does not publish additional local probate forms, such as a checklist, brochure, or small-estate affidavit template, on its website.
Local nuance
Randolph County-specific considerations
| Local point | What to do |
|---|---|
| Two county addresses appear on the website | The County Clerk contact block lists 2 Randolph Avenue, Elkins, WV 26241. The same county website's general header and contact page list 4 Randolph Avenue, Suite 207, Elkins, WV 26241. For estate settlement visits, use the clerk's published 2 Randolph Avenue address, but call (304) 636-0543 before going in person. |
| Online public records link | The County Clerk page links a Search Public Records tool. Because the estate document coverage was not shown on the clerk page, ask whether the index includes recorded wills, appraisements under W. Va. Code § 44-1-14, or settlement filings before relying on it. |
| Fiduciary supervisor status | The Randolph County Clerk's office does not publish a fiduciary supervisor or an Office of Fiduciary and Probate on its website. File routine estate papers with the Randolph County Clerk unless the clerk directs you to a fiduciary officer under W. Va. Code § 44-3 or W. Va. Code § 44-3A. |
Recent updates
Scenarios
| Situation | Likely Randolph County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Call the Randolph County Clerk before filing to separate probate assets from jointly owned or beneficiary-designated assets. If a will must be admitted, the clerk handles qualification in Elkins under W. Va. Code § 41-5-10. The W. Va. Code § 44-1A small-estate route is not available for probate real estate after July 9, 2025. | Sunset helps identify accounts, title patterns, and debts so the spouse knows what belongs on the estate settlement forms and what may pass outside the estate. |
| Out-of-state adult child with a small estate | First determine whether all probate personal property is within the $50,000 W. Va. Code § 44-1A limit and whether there is any probate real estate. If the W. Va. Code § 44-1A affidavit route applies, call the Randolph County Clerk for filing instructions because the county does not publish a local small-estate template. | Sunset organizes the asset list and helps decide whether the West Virginia small-estate affidavit under W. Va. Code § 44-1A is worth asking the clerk about before traveling to Elkins. |
| Parent settling a predeceased child's estate, home must be sold | A home that must be sold usually means full administration, because the W. Va. Code § 44-1A small-estate route cannot be used for probate real estate after July 9, 2025. The parent should call the Randolph County Clerk about qualification, bond under W. Va. Code § 44-1-8, and the certificate of qualification letters needed by banks and closing agents. | Sunset helps locate accounts, create a document checklist, and connect the family with a West Virginia probate attorney if real estate sale issues or disputes make the estate settlement more complex. |
Self-help resources
| Resource | How it helps |
|---|---|
| Randolph County Clerk | Call (304) 636-0543 or visit the clerk's County Clerk page for the estate counter address, hours, fax number, Estate Appraisement form, and Search Public Records link. |
| Randolph County Search Public Records link | Access it through the Randolph County Clerk page. Ask the clerk whether it includes recorded wills, appraisements under W. Va. Code § 44-1-14, or settlements before treating it as an estate file lookup. |
| West Virginia Judiciary record access page | Use it only for circuit court matters, such as a will contest under W. Va. Code § 41-5-11. WVPASS is a circuit court search and does not contain routine county clerk estate files. |
| West Virginia Judiciary e-filing information | The judiciary e-filing systems cover appellate, circuit, family, and mass litigation filings. They do not provide probate e-filing with the county clerk. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank accounts, investment accounts, insurance, retirement accounts, and other assets that may need to be listed before the Randolph County Clerk can move the estate forward.
Generate the probate packet. Sunset turns the asset and family information into an organized estate settlement packet so you know what to bring, what to ask the clerk, and which West Virginia forms may apply.
Find a local probate attorney. If the estate involves real estate, a dispute, a creditor problem, or a filing you do not want to handle alone, Sunset can connect you with a West Virginia attorney who handles probate matters.
Sunset is free for families. Families can use Sunset to organize the estate, understand the next step, and decide whether they need legal help without paying Sunset.
Frequently asked questions
Where do I file probate papers in Randolph County?
File with the Randolph County Clerk in Elkins. The clerk's contact block lists 2 Randolph Avenue, Elkins, WV 26241, phone (304) 636-0543, and hours of Monday through Friday, 8:00 a.m. to 4:30 p.m. The Randolph County Commission holds probate jurisdiction through its clerk under W. Va. Code § 7-1-3, and the clerk admits the will to record under W. Va. Code § 41-5-10.
Is Randolph County probate filed online?
No online probate filing is published for Randolph County. West Virginia judiciary e-filing does not handle routine estates, because those papers are filed with the county clerk, not with the circuit court. File estate papers on paper with the Randolph County Clerk.
Does Randolph County have a probate case search?
There is no statewide online case search for West Virginia estate files. Randolph County estate records are county clerk records. The clerk's page links a Search Public Records tool, but you should ask the county clerk whether it includes wills, appraisements under W. Va. Code § 44-1-14, or settlements. WVPASS is a circuit court search and does not contain routine estate files.
What forms does the Randolph County Clerk publish?
The Randolph County Clerk publishes an Estate Appraisement form. West Virginia's appraisement requirement is tied to W. Va. Code § 44-1-14, the nonprobate inventory is tied to W. Va. Code § 11-11-7, and the small-estate affidavit content is set by W. Va. Code § 44-1A-2(e). The county does not publish a local checklist, brochure, or small-estate affidavit template on its clerk page.
How much does it cost to open an estate in Randolph County?
The Randolph County Clerk does not publish an estate-specific fee schedule. Ask the clerk for the current total before filing. West Virginia estate papers are charged through recording and related fees under W. Va. Code § 59-1-10, plus creditor notice costs under W. Va. Code § 44-1-14a and settlement-related charges under the applicable West Virginia settlement statute.
Do I have to travel to Elkins for a Randolph County estate?
Many families start by calling the Randolph County Clerk at (304) 636-0543 to ask what must be filed in person and what can be mailed. If the clerk appoints you, you take an oath, handle any bond issue under W. Va. Code § 44-1-8, and receive a certificate of qualification, the letters document banks usually request.
Will there be a hearing in Randolph County?
Most Randolph County estates are handled at the clerk's counter and do not require a hearing. If an objection is filed or the estate is referred to a fiduciary commissioner under W. Va. Code § 44-3, ask the Randolph County Clerk how the matter will be scheduled and whether phone or video participation is available through that county office.
Can I use a small-estate affidavit in Randolph County?
Possibly, but only if the estate fits W. Va. Code § 44-1A. Since July 9, 2025, the W. Va. Code § 44-1A small-estate route is not available if the decedent owned probate real estate, and the personal-property limit is $50,000 under W. Va. Code § 44-1A-1(b)(4). Randolph County does not publish a local small-estate affidavit template, so call the clerk before preparing the filing.
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.