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County Clerk's Duties & Responsibilities

In West Virginia, the County Clerk is an elected public official who serves as the administrative backbone of county government, managing a wide range of records and duties tied to property, elections, probate, and vital statistics. As a constitutional officer, the clerk’s role is rooted in the state’s tradition of localized governance, ensuring public access to essential documents and processes. Elected every four years, the clerk operates out of the county courthouse, serving as both a record-keeper and a facilitator of legal and civic functions.

The legal foundation for the County Clerk’s duties is outlined in the West Virginia State Code, primarily in Chapter 7 (County Commissions and Officers), Chapter 44 (Administration of Estates and Trusts), Chapter 59 (Fees, Allowances, and Costs), and various other chapters tied to specific tasks. Below, I’ll explain the clerk’s role, key responsibilities, and supporting code references.


General Role of the County Clerk

The County Clerk acts as:

  • The official custodian of county records (e.g., deeds, wills, marriage licenses).
  • The clerk of the County Commission, recording its proceedings.
  • A probate officer, overseeing estate administration.
  • The chief election officer for the county (in many states, a separate role, but combined here).
  • The accounts payable and payroll administrator of the county

Their office is a hub for public interaction, balancing archival duties with active administrative tasks.


Jobs and Responsibilities with WV Code

Recorder of Deeds and Property Documents:

  • Duty: Records and maintains documents affecting real property—deeds, mortgages, leases, land contracts, powers of attorney for real estate, etc.—in the county’s deed books.
  • Purpose: Ensures a public, searchable record of ownership and liens, protecting property rights.
  • Code: W. Va. Code §7-1-3 grants clerks authority over records, while W. Va. Code §40-1-9 mandates recording of conveyances (e.g., deeds, leases over five years) to bind third parties. Fees are set by W. Va. Code §59-1-10 (e.g., $10-$15 for initial pages).
  • Example: A Monroe County resident files a deed; the clerk indexes it by grantor/grantee, preserving title history.

Probate Clerk:

  • Duty: Receives and records wills after a person’s death, initiates probate, and issues letters testamentary to executors.
  • Purpose: Validates wills and oversees estate distribution.
  • Code: W. Va. Code §44-1-4 requires wills to be presented to the clerk within 30 days of death. W. Va. Code §44-1-6 authorizes clerks to admit wills to probate and record them in the “Will Book.” W. Va. Code §7-1-3e designates clerks as probate officers alongside county commissions.
  • Example: After John Doe’s death, his will is filed in Monroe County; the clerk records it and appoints his executor.

Clerk of the County Commission:

  • Duty: Attends commission meetings, records minutes, and maintains official county proceedings (e.g., budgets, ordinances).
  • Purpose: Ensures transparency and continuity of county governance.
  • Code: W. Va. Code §7-1-2 requires clerks to keep commission records, acting as its secretary. W. Va. Code §7-1-3 reinforces this as a core duty.
  • Example: The clerk in Monroe County logs a vote on a large purchase, filing it for public access.

Issuer of Marriage Licenses and Vital Records:

  • Duty: Issues marriage licenses, records marriages, and certifies births, deaths, and other vital statistics.
  • Purpose: Maintains official life-event records for legal and genealogical use.
  • Code: W. Va. Code §7-1-3d authorizes clerks to issue marriage licenses (detailed further in W. Va. Code §48-2-102). W. Va. Code §16-5-18 ties clerks to vital statistics, though the state Vital Statistics office centralizes some records. Fees are per W. Va. Code §59-1-10 (e.g., $5-$10).
  • Example: A couple in Monroe County applies for a marriage license; the clerk issues it and records the marriage post-ceremony.

Chief Election Officer:

  • Duty: Oversees voter registration, prepares ballots, and certifies election results for county, state, and federal races.
  • Purpose: Ensures fair, accurate elections.
  • Code: W. Va. Code §3-1-4 designates clerks as the county’s election authority, managing voter rolls (W. Va. Code §3-2-11) and canvassing votes (W. Va. Code §3-6-9).
  • Example: In 2024, the County Clerk registers voters and certifies a sheriff election.

Recorder of Miscellaneous Documents:

  • Duty: Files documents like military discharges (DD214s), church trustee appointments, and liens not tied to deeds.
  • Purpose: Preserves public records beyond property or probate.
  • Code: W. Va. Code §59-1-10 implies broad recording power (e.g., $1 fee for trustee records under W. Va. Code §35-1-6); DD214 recording is a common practice, though not explicitly codified.
  • Example: A veteran records their DD214 in the county for safekeeping.

Public Service and Certification:

  • Duty: Provides certified copies of records, assists with genealogical research, and answers public inquiries.
  • Purpose: Facilitates access to legal documents.
  • Code: W. Va. Code §59-1-11 sets copy fees (e.g., $1-$2 per page), reinforcing the clerk’s custodial role.
  • Example: A resident requests a birth certificate copy; the clerk certifies it.

Additional Notes

Elected Position: Per W. Va. Code §7-1-1, clerks are elected countywide, accountable to voters, not appointed.

Compensation: Salaries vary by county size, set by W. Va. Code §7-7-4 (e.g., $40,000-$60,000 annually, adjusted periodically).

Deputy Clerks: Clerks appoint deputies to assist, per W. Va. Code §7-1-3f, ensuring office efficiency.

Why It Matters in West Virginia

The County Clerk’s role reflects West Virginia’s decentralized, community-driven governance. In a state of 55 counties—many rural—the clerk’s office is a local anchor, handling everything from land titles to elections with a personal touch. Statutes like §7-1-3, §44-1-4, and §40-1-9 weave these duties into a cohesive system, balancing legal precision with accessibility. Whether recording a deed in Logan County or probating a will in Berkeley County, the clerk ensures continuity, transparency, and trust in public records—a linchpin of civic life.

In summary, the County Clerk in West Virginia, under Chapter 7 and related codes, is a multifaceted officer: recorder, probate gatekeeper, election overseer, and public servant. Their work preserves history, protects rights, and keeps democracy ticking at the county level.