Overview
Roane County is located in West Virginia with a population of approximately 13,540. The Roane County Commission (assisted by the County Clerk) handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
West Virginia probate is governed by West Virginia Code Chapter 44. The process begins with filing a Petition for Probate (often oral or a simple form provided by the clerk) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
West Virginia offers a Small Estate Affidavit procedure for estates where the personal probate assets do not exceed $50,000 and real estate does not exceed $100,000. This allows heirs to bypass full probate administration.
The state has a statutory commission schedule for executors and administrators, typically starting at 5% of the personal probate estate.
This guide provides an informational overview of the Roane County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Roane County Clerk
Probate matters in Roane County are handled at the Roane County Courthouse.
Address: 200 Main Street, Spencer, WV 25276
Phone: (304) 927-2860 (County Clerk)
Hours: Monday through Friday, 8:30 AM to 4:00 PM (Circuit Clerk closes for lunch from Noon to 1:00 PM)
The County Clerk's office is located on the main floor of the courthouse. The Clerk serves as the probate registrar and handles the filing of wills, appointment of fiduciaries, and recording of estate documents.
Parking and Access
Street parking is available around the courthouse square and on Main Street. There is also a public parking area at the Parking Plaza nearby (approx. 110 Parking Plaza). The courthouse is accessible, with security screening at the entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the personal probate assets are valued at $50,000 or less and real estate at $100,000 or less, you may qualify for the simplified small estate process.
- Joint Tenancy/Survivorship: Assets held jointly with rights of survivorship pass automatically to the survivor.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, visit the Roane County Clerk's office to open the estate. You will generally need:
- Original Last Will and Testament (if applicable)
- Certified death certificate
- List of heirs and beneficiaries (names and addresses)
- Estimated value of the estate (for bond purposes)
- Filing fee (cash, check, or money order)
It is recommended to call the Clerk's office at (304) 927-2860 to schedule an appointment for qualification.
Step 3: Provide Notice
After filing and qualification:
- Notice to Creditors: The Clerk will arrange for a Notice of Administration to be published in a local newspaper (e.g., The Times Record).
- Mail notice: You must mail a copy of the notice to known creditors and beneficiaries.
Step 4: Appraisement and Inventory
You must file an Appraisement of the Estate (Form 6.01 or 6.02) with the County Clerk within 90 days of qualification. This document lists all probate and non-probate assets.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Wait for the creditor claim period to expire (60 days from first publication)
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Final Settlement with the County Commission to close the estate
Local Requirements
Roane County-Specific Procedures
- Appointment: It is highly advisable to call ahead to schedule an appointment for probate qualification.
- Bond: A fiduciary bond is generally required unless the will waives it or all beneficiaries agree to waive it (and there are no debts).
- Publication: Notice is published in The Times Record or Roane County Reporter. The Clerk typically handles the submission of this notice, but the estate pays the fee.
- Fiduciary Commissioner: Complex estates or those with disputes may be referred to a Fiduciary Commissioner for oversight.
Timeline & Fees
Filing Fees (Roane County)
- Recording Will: approximately $12.00 (varies by page count)
- Qualification of Representative: approximately $10.00 - $20.00
- Bond Recordation: approximately $12.00
- Appraisement Filing: approximately $12.00
- Publication costs: approximately $75.00 - $125.00 (payable to the newspaper)
- Certified Copies: approximately $2.50 - $5.00 each
Note: Fees are subject to change. Bring approximately $100-$150 to cover initial opening costs.
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may not be accepted or may incur a convenience fee.
Estimated Timelines
- Simple estates: 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The creditor claim period is 60 days from the date of first publication. The estate cannot be closed until this period expires and all claims are resolved.
Local Resources
Roane County Court Resources
- County Website: roanewv.com
- Probate Self-Help: WV Judiciary Roane County
- WV Probate Forms: WV Legal Aid Forms
Legal Aid and Attorney Referrals
- West Virginia State Bar: (304) 553-7220 — Lawyer Referral Service
- Legal Aid of West Virginia: (304) 343-4481 — Provides assistance to eligible low-income residents
- WV State Bar Lawyer Referral: wvbar.org
Publication
- The Times Record: (304) 927-2360 — Newspaper of general circulation
- Roane County Reporter: (304) 927-2360