Frequently Asked Questions

Below you will find information that might help you understand how to find things or learn about information you might need to know about your city or town.

Circuit Court Clerk - Estates and Wills

7
  • Yes, it is necessary to make an appointment. The length of time varies but is approximately one hour.
    Circuit Court Clerk - Estates and Wills
  • The state probate tax is $1.00 per $1,000.00 and 10 cents per $100.00 of the estate value at the time of death. The local probate tax is 3.33 cents (one third of 10 cents) per $100.00 of the estate value at the time of death. The qualification fee is based on the value of the estate. Payment is due at time of appointment.
    Circuit Court Clerk - Estates and Wills
  • Qualification is necessary when assets are held in the deceased name only.
    Circuit Court Clerk - Estates and Wills
  • The original will. The death certificate. The approximate dollar value of the solely-owned assets for both personal property (stocks, bonds, bank accounts, automobiles, etc.) and the fair market value of any real estate located in Virginia, which must pass through probate. The names, ages and addresses of the heirs-at-law. If the executor named in the will does not wish to serve, they must submit a notarized renunciation letter. If the named executor is deceased, a death certificate is required.
    Circuit Court Clerk - Estates and Wills
  • Go to the Circuit Court Clerk's Office of the jurisdiction: where the decedent had a known place of residence, or if none; where the decedent owned real estate, or if none; where the decedent died or owned any property.
    Circuit Court Clerk - Estates and Wills
  • Appropriate nomination of administrator pursuant to VA Code 64.1-118. The death certificate. Names, ages and addresses of heirs-at-law. The approximate dollar value of the solely owned assets for both personal property (stocks, bonds, bank accounts, automobiles, etc.) and the fair market value of real estate located in Virginia, which must pass through probate. Arrange for surety (security) on the bond unless it is waived by law.
    Circuit Court Clerk - Estates and Wills
  • You can download the information from the Virginia State Courts website.
    Circuit Court Clerk - Estates and Wills