Wills & Administration of Estates

The Clerk's Office handles probate of wills and qualification or appointment of executors and administrators and trustees by scheduled appointments that can be arranged by calling our Probate Division.
 

It is the responsibility of the person administering an estate to know  the law. Clerk's office staff members cannot give legal advice, but they  will make the process easier to navigate.  Once you determine whether or not the deceased person had a will or had assets at the time of death,  call the probate division with your procedural questions or to schedule  an appointment.
 

View the Virginia Bar Associations, A Guide to the Administration of Decedent's Estates in Virginia page, which can be a helpful source of information; however, please note that the guide is not updated as frequently as Virginia probate laws change. Some laws mentioned in the guide may have since been  amended. 

After a person dies, it is important to determine if he or she left a  valid will. Legally speaking, a person dies ‘testate' if he or she left a  valid will and ‘intestate' if there is not one. The heirs of a person  who dies intestate are determined by the laws of the Commonwealth of Virginia in effect at the time of death. 

Probate is the process of proving a will is valid and making it part of the permanent public record.  Probate may be the first step in administration of an estate, followed by the appointment of an executor, but appointment of an executor does not always happen when a will is probated. 

 If the deceased person did not have a will, an administrator, rather than an executor, often is appointed to handle the decedent's estate.  The person(s) having preference for appointment as administrator can be  found in VA Code Section 64.2-502. 

 Probate of a will and appointment of an executor or administrator occurs  in the Circuit Court Clerk's office of the locality where the deceased  person has a known place of residence. If the deceased person did not  have a known place of residence, VA Code Section 64.2-443 (A) describes  the alternate jurisdictions that can be used.
 

Depending on the circumstances, if the deceased person was a patient in a  nursing home prior to death, the legal place of residence for such  person may be presumed to be the same as it was before becoming a  patient. 

Qualification as executor or administrator may not always be necessary.  The Virginia Small Estate Act beginning with Virginia Code Section  64.2-600 addresses situations where the decedent's entire personal  probate estate does not exceed $50,000. 

Schedule an appointment at the clerk's office with a probate clerk.  Gather the following documents and information and bring them with you  to the appointment. Generally, you will be asked to send copies by facsimile, mail or email to the clerk's office prior to the appointment.  Email documents to dbingham@vacourts.gov or vheadley@vacourts.gov
 

• The original will. If the will is self-proving you do not need  to bring witnesses to the will or depositions of witnesses. If you are  not sure if the will is self-proving, ask the probate clerk prior to  your appointment.
• An original or certified copy of the decedent's death certificate
• Completed Probate Information Form; complete prior to scheduling an appointment.
• The approximate dollar value of the solely owned personal property (stocks, bonds, bank accounts, automobiles, etc.)
• The fair market value of real estate (or partial interests in real estate) located in Virginia owned solely by the decedent.
• The fair market value of real estate (or partial interests in real estate) located in another state/country owned solely by the decedent.
• The names, ages, addresses and relationship to the decedent of the decedent's heirs at law as defined by Virginia Code Section 64.2-200
• If the executor named in the will does not want to serve, he must submit a notarized letter to the clerk's office stating that fact.  If the named executor is deceased, a death certificate is required
• Cash, check, Visa or Mastercard to pay fees based in part on the value of the estate                          

Schedule an appointment at the clerk's office with a probate clerk.  Gather the following documents and information and bring them with you  to the appointment. Generally, you will be asked to send copies by  facsimile to the clerk's office prior to the appointment.
 

• A certified copy of the decedent's death certificate
• The approximate dollar value of the solely owned personal property (stocks, bonds, bank accounts, automobiles, etc.)
• The fair market value of real estate (or partial interests in real estate) located in Virginia owned solely by the decedent
•  The fair market value of real estate (or partial interests in real estate) located in another state/country owned solely by the decedent. 
• Names, ages, addresses and relationship to the decedent of the  decedent's heirs at law as defined by Virginia Code Section 64.2-200
• Cash, check, Visa or Mastercard to pay fees based in part on the value of the estate 

 Virginia's Judicial System Fiduciary Forms page has forms that can be filled in and printed. Use the print for  submission to court button at the top of the form rather than the print  feature of your Internet browser. The clerk's office cannot accept forms  that have gray bars in any fields. 

The Commissioner of Accounts who is an attorney appointed by the circuit  court to oversee the actions of executors, administrators and trustees  and is responsible for reviewing and approving inventories and  accounting's, for more information contact: 

Mervin C. Withers

P. O. Box E

Callao, VA 22435

Phone:  (804) 529-7301