Probate/Qualify/Wills

The Circuit Court Clerk's Probate Office puts to record (probate) wills and qualifies executors or administrators of deceased person’s estates. The Probate Office also processes guardian appointments and qualifications on Court Orders for appointment of Conservators of incapacitated individuals. An appointment is needed.
 
To schedule a probate/qualification appointment, complete the Probate Pre-Appointment Worksheet and return it to the Clerk’s Office. Within two days of receipt a probate clerk will call to discuss what was sent and to set up an appointment if needed.
 
A worksheet is not needed to schedule an appointment to qualify as a guardian or conservator.
  
 
Forms
- Supreme Court of Virginia (Circuit Court Fiduciary Forms, Virginia's Judicial System)
 
Fees
Estate tax fees are based on the amount of the estate at one tenth of one percent or one dollar per thousand. The recording and probate fees are also based on the amount of the estate.
 
Qualification fees in accordance with Virginia Code § 17.1-275 (1) (2) (3)

 Estates of $5,000.00 or less  $0
 Estates not exceeding $50,000.00  $20.00
 Estates not exceeding $100,000.00  $25.00
 Estates exceeding $100,000.00  $30.00
 

In addition for recording and indexing a Will, Affidavit of Intestacy/List of Heirs, Inventories and Accountings, Affidavit of Notice of Probate and Disclaimers, the following fees apply.

 

 10 or fewer pages  $16.00
 11 to 30 pages  $30.00
 31 or more pages  $50.00
 Updated Letters of Qualification (clerk fee)  $2.00
 Copies  .50 cents per page

 

Note: If there is real estate a $1.00 transfer fee is collected per transfer under Virginia Code §§ 58.1-3314 (1)  and 58.1-3315. The transfer fee is designated to Prince William County, City of Manassas or City of Manassas Park.

State Probate Tax is calculated on both real and personal estate IN THE DECEDENT'S NAME ONLY at one tenth of one percent or $1.00 per thousand 10 cents on a hundred dollars or any portion thereof.

Links

 Please notify the Circuit Court Clerk's Office by email if you find that any of the links on this page do not work.