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Roane County, WV Probate Information
Quick facts
| Topic | Roane County details |
|---|---|
| Probate authority | Roane County Commission, with probate jurisdiction under W. Va. Code § 7-1-3; the Roane County Clerk handles routine filings at the counter under W. Va. Code § 41-5-10 and W. Va. Code § 44-1-4. |
| Where to go | Roane County Courthouse, 200 Main Street, Spencer, WV 25276. |
| Mailing | No separate mailing address is published on the Roane County site. Use the courthouse address unless the clerk directs otherwise. |
| Phone | (304) 927-2860. The county phone directory also lists (304) 927-2719 for the County Clerk. |
| Fax | (304) 927-2489. |
| [email protected], a general County Clerk mailbox, not a probate-specific address. | |
| Hours | Monday through Friday, 8:30 a.m. to 4:00 p.m. Call before going because Roane County does not post clerk hours on its website. |
| Opening cost | No single statewide probate filing fee under W. Va. Code § 59-1-10. Ask the clerk for current recording, oath, copy, publication, and closing charges before filing. |
| Local probate forms | The Roane County Clerk's office does not publish additional probate forms on its website. The statewide appraisement, nonprobate inventory, and statutory small-estate affidavit rules still apply. |
| Electronic filing | West Virginia has no probate e-filing through the judiciary. Estate papers are filed on paper with the Roane County Clerk. |
| Record lookup | The Roane County site publishes property-tax lookup tools only. The County Clerk's office does not publish an online document or estate record search on its website. |
| Phone or video participation | No standing local rule is published. If a referred matter or objection requires participation, ask the Roane County Clerk's office what the county office will allow. |
| Website | Roane County website |
Before you begin — know the assets and liabilities
Before you contact the Roane County Clerk, make a working list of the decedent's accounts, debts, vehicles, real estate, beneficiary designations, and jointly owned property. West Virginia estate settlement turns on what is actually in the probate estate, and the appraisement is due after qualification under W. Va. Code § 44-1-14.
Sunset searches more than 2,300 institutions to help families find accounts and assets before they choose a filing path. That asset picture makes the Roane County estate settlement conversation with the clerk more concrete and helps you avoid filing the wrong packet.
Which court handles jurisdiction
File in Roane County when the decedent lived in Roane County at death. W. Va. Code § 41-5-4 places the 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 places an intestate estate in the same county.
The Roane County Clerk's office serves Roane County from the courthouse in Spencer. A will contest goes to the Circuit Court of Roane County under W. Va. Code § 41-5-11, and an appeal from a final county commission order goes to circuit court under W. Va. Code § 58-3-1.
The jurisdiction process
- Confirm venue before filing. If the decedent lived in Roane County, start with the Roane County Clerk at 200 Main Street in Spencer under W. Va. Code § 41-5-4 and W. Va. Code § 44-1-4.
- Call the clerk before going. Use (304) 927-2860 or (304) 927-2719 to ask about current hours, whether an appointment is needed, what papers to bring, and whether bond is required or excused under W. Va. Code § 44-1-8.
- File the original will if there is one. The clerk admits the will to record and handles qualification for the executor under W. Va. Code § 41-5-10. If there is no will, ask about administration under W. Va. Code § 44-1-4.
- Pay the current clerk charges. Roane County does not publish a local probate fee page, so ask for the current recording, oath, copy, publication, and settlement charges tied to W. Va. Code § 59-1-10 and W. Va. Code § 44-1-14a.
- Qualify as personal representative. You take the oath, address any bond requirement under W. Va. Code § 44-1-8, and receive a certificate of qualification, the letters document banks usually need to work with you.
- File the required inventory papers. The appraisement, ET 6.01, is returned under W. Va. Code § 44-1-14, and the nonprobate inventory, ET 6.02, is returned under W. Va. Code § 11-11-7. The deadline is 90 days from qualification under W. Va. Code § 44-1-14.
- Handle notice and claims. In the ordinary clerk-run pattern, the clerk publishes the notice of administration, and creditors use the claims process under W. Va. Code § 44-1-14a.
- Respond if the estate is referred or contested. A fiduciary commissioner may become involved under W. Va. Code § 44-3, or a will contest may be filed under W. Va. Code § 41-5-11. Ask the Roane County Clerk's office about any county procedure for phone or video participation.
- Administer and close the estate. After assets are collected, debts are handled, and distributions are ready, closing may use a waiver of final settlement under W. Va. Code § 44-2-29 or a report and final settlement process under W. Va. Code § 44-2.
Forms and documents
Probate forms in Roane County
West Virginia does not publish a statewide numbered probate form set. The appraisement, ET 6.01, is governed by W. Va. Code § 44-1-14, the nonprobate inventory, ET 6.02, is governed by W. Va. Code § 11-11-7, and the small-estate affidavit content is set by W. Va. Code § 44-1A-2.
| Form or filing | Where it comes from | Roane County note |
|---|---|---|
| Original will, if any | Filed with the Roane County Clerk for admission to record under W. Va. Code § 41-5-10. | Bring the original document to the courthouse in Spencer. |
| Application to qualify | Handled by the Roane County Clerk when the executor or administrator qualifies. | Roane County does not publish a local application form online. |
| Appraisement, ET 6.01 | West Virginia State Tax Department form used in estate administration under W. Va. Code § 44-1-14. | Ask the clerk's office for the current packet when you qualify. |
| Nonprobate inventory, ET 6.02 | West Virginia State Tax Department form filed under W. Va. Code § 11-11-7. | Ask the clerk's office how it wants this returned. |
| Small-estate affidavit | Statutory affidavit under W. Va. Code § 44-1A-2. | Roane County does not publish a local small-estate form online. |
| Local Roane forms | County-specific forms, if published by the clerk. | The Roane County Clerk's office does not publish additional probate, estate, fiduciary, appraisement, or fee forms on its website. |
Recent updates
The Roane County Clerk's website publishes contact information and tax lookup tools, but no local probate guide, local probate form library, fiduciary page, appraisement page, or local probate fee page.
Page last reviewed: August 2026.Scenarios
| Situation | Likely Roane County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed and beneficiary designations. If an estate is needed, qualify with the Roane County Clerk in Spencer and ask how W. Va. Code § 44-1-8 affects any bond requirement. | Sunset helps identify accounts, debts, and title issues before you decide whether full estate settlement is needed. |
| Out-of-state adult child with a small estate | Call the clerk before traveling. The small-estate route under W. Va. Code § 44-1A is an affidavit process, and for filings on or after July 9, 2025, it is not available if the decedent owned probate real estate. The current personal-property limit is $50,000 under W. Va. Code § 44-1A-1(b)(4). | Sunset helps find small accounts and prepares the asset list you need before asking the clerk which filing path fits. |
| Parent settling a predeceased child's estate when a home must be sold | Plan for full administration through the Roane County Clerk. The appraisement is required under W. Va. Code § 44-1-14, and any referral to a fiduciary commissioner is handled under W. Va. Code § 44-3. | Sunset helps assemble asset information, organize real estate and account details, and connect you with counsel if the sale or debts create risk. |
Self-help resources
| Resource | How it can help | Contact |
|---|---|---|
| Roane County Clerk's office | Local filing location for wills, qualification, certificates of qualification, and estate records. | (304) 927-2860 or (304) 927-2719; 200 Main Street, Spencer, WV 25276. |
| Legal Aid of West Virginia | Statewide civil legal help for eligible West Virginia residents. | Apply online or call 866-255-4370. |
| West Virginia State Bar Lawyer Referral Service | Referral service for people who need a private lawyer. | wvlawyerreferral.org |
| Tuesday Legal Connect | Statewide legal information phone line. | 1-800-642-3617. |
| West Virginia Free Legal Answers | Online question-and-answer help for qualifying users. | wv.freelegalanswers.org |
| West Virginia Senior Legal Aid | Legal help for eligible West Virginia seniors. | seniorlegalaid.org or 800-229-5068. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank accounts, investments, insurance, vehicles, real estate, and debts so the Roane County estate settlement starts with a reliable asset picture.
Generate the probate packet. Sunset organizes the information needed for the Roane County Clerk, including the will status, family contacts, asset list, and details needed for the appraisement under W. Va. Code § 44-1-14 and the nonprobate inventory under W. Va. Code § 11-11-7.
Find a local probate attorney. If the estate needs legal help, Sunset can connect the family with a vetted West Virginia probate attorney who understands county-clerk estate settlement and fiduciary procedures.
Sunset is free for families. Families can use Sunset to understand the estate, organize next steps, and decide whether they can work directly with the Roane County Clerk or need legal support.
Frequently asked questions
Where do I file probate papers in Roane County?
File with the Roane County Clerk's office at the courthouse, 200 Main Street, Spencer, WV 25276. The Roane County Commission has probate jurisdiction under W. Va. Code § 7-1-3, and the County Clerk handles routine estate filings under W. Va. Code § 41-5-10 and W. Va. Code § 44-1-4.
Does Roane County have probate e-filing?
No probate e-filing is published for Roane County. West Virginia routine estate papers are filed on paper with the county clerk, and the judiciary's e-filing systems do not handle routine county-clerk estate filings.
What phone number should I call before going to the Roane County Clerk?
Call (304) 927-2860. The county phone directory also lists (304) 927-2719 for the County Clerk. Ask about current hours, appointment practices, bond under W. Va. Code § 44-1-8, and the papers needed for qualification.
Is there a case search for Roane County probate?
The Roane County Clerk's office does not publish an online document or estate record search on its website. WVPASS is a circuit court record search and does not contain the county clerk estate file, although a separate will contest filed in circuit court would follow W. Va. Code § 41-5-11.
Does Roane County publish local probate forms?
The Roane County Clerk's office does not publish additional local probate forms on its website. The appraisement, ET 6.01, is tied to W. Va. Code § 44-1-14; the nonprobate inventory, ET 6.02, is tied to W. Va. Code § 11-11-7; and the small-estate affidavit is governed by W. Va. Code § 44-1A-2.
How much does it cost to open an estate in Roane County?
Roane County does not publish a local probate fee page. West Virginia has no single statewide probate filing fee under W. Va. Code § 59-1-10, so ask the Roane County Clerk for current recording, oath, copy, publication, and closing charges before you file.
Can I use a small-estate affidavit in Roane County if there is real estate?
For filings on or after July 9, 2025, the small-estate affidavit route under W. Va. Code § 44-1A-2 is not available if the decedent owned probate real estate. The current personal-property limit is $50,000 under W. Va. Code § 44-1A-1(b)(4).
Do I have to travel to Spencer for Roane County estate settlement?
Many estates begin with an in-person counter filing, but Roane County does not publish an appointment or phone-participation rule. Call the Roane County Clerk before traveling to ask what must be done in person and what can be handled by mail or another approved method.
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.