Probate & Estate Administration

Responsibilities

The Code of Virginia grants the Clerk of the Circuit Court the authority to Probate a Will, to appoint and qualify an Executor or Administrator for a Decedent’s Estate, to appoint and qualify a Testamentary Trustee, to qualify a Conservator and/or a Guardian for an Incapacitated Adult.

A person has no legal authority to act or perform any duties as an Executor, Administrator, Testamentary Trustee, Guardian or Conservator until he/she has been appointed by the Judge or the Clerk and until he/she has formally qualified before the Clerk as such.

Types of Estates

Small Estates - Personal Estates not including Real Estates, valued at less than $50,000
Estates with Real Estate Only - Estates that do not include a Personal Estate
Estates with a Will (Testate) - Estates where the decedent left a will
Estates without a Will (Intestate) - Estates where the decedent did not leave a will

Instructions for scheduling an appointment for qualification or probate of a will

For more information about scheduling an appointment and what documents are needed.

Probate of a Foreign Will

Wills that have been probated or recorded outside of Virginia should be recorded in the Clerk's Office if the will involves land within the County. Find for more information.

Information for Executors and Administrators

For more information about the duties and responsibilities of an executor or administrator.

A Guide to the Administration of Decedents’ Estates in Virginia

This manual was published by the Virginia State Bar (PDF) and is intended to assist persons who are involved in the administration of a decedent’s estate in Virginia.

Information on Guardian and Conservators for Incapacitated Adults

For more information about Guardian and Conservators for Incapacitated Adults

Forms

The Supreme Court of Virginia's website has many useful forms concerning estates.

DMV Guide to Estate Administration (PDF)

*The following information on this page is not intended to be legal advice. If you have any questions please consult an attorney.