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Wills & Estate Administration
Probate and Estate Assistance
- Before visiting, contact the Probate Division by email, phone 804-706-7680, or fax 804-717-6797.
- Full probate and qualification matters are handled by appointment only. Appointments will not be scheduled until all necessary information has been provided to Probate staff in advance (see below for scheduling).
General Information
- To record a will and to qualify an Executor or Administrator of a decedent’s estate, you must contact the Circuit Court Clerk’s Office in the jurisdiction in which the decedent resided at the time of death. Probate/estate matters are handled by appointment.
- The personal representative (Executor or Administrator) of an estate is charged by law with numerous responsibilities. It is the legal obligation of the personal representative to fully understand and discharge his/her required duties.
- Further details may be obtained from the Chesterfield Circuit Court Clerk and Chesterfield County’s Commissioner of Accounts.
- An attorney or an accountant can provide assistance as well.
Scheduling a Probate Appointment
To provide an estimate of the fees/requirements for probate and/or qualification of an Administrator/Executor, at a minimum, we would need the following in advance of scheduling**:
- Your contact information (name, address, phone number, email address)
- Copy of the Last Will and Testament/Codicil(s), if any. The original Will/Codicils will need to be presented at the probate appointment (and retained by the Clerk at that time). The copy is needed for advanced review to ensure that the Will was executed in compliance with VA law.
- Copy of the death certificate.
- Name, address, and date of birth for all individual(s) wishing to serve as Executor or Administrator (if any).
- Estimated estate value - The estate value estimate should include assets that were titled in the decedent’s name alone at the date of death. It should not include any items that have a named beneficiary or a payable on death designation. If assets are held jointly with a right of survivorship, those assets would be excluded from the estate as well.
- Full names and addresses of heirs (surviving spouse or closest living relatives)
**The above information may be emailed (any attachments as PDF preferred) or faxed (contact information above). You may also drop off copies with the Clerk's Office between 8:00-4:00 Monday through Friday, excluding holidays. Place all items in an envelope addressed – ATTN: Probate Division. DO NOT provide the original Will/Codicil(s) at this time, only a copy. Safeguard the original Will/Codicil(s) until such time that a probate appointment is scheduled.
After the information you’ve submitted has been received and reviewed, a Probate staff member will contact you to advise as to next steps in relation to scheduling.
What to Bring to a Probate/Qualification Appointment
TESTATE (with a will)
- original will (and codicils, if any) - copy not acceptable (must have original signatures and must be the most recent will executed)
- death certificate
- witnesses to will or depositions of witnesses, if not self-proving
- approximate dollar value of probate assets
- names, ages and addresses of heirs at law
- notarized waiver of executor named in will who does not wish to serve (if applicable)
- payment (payment types accepted)
- Government-issued photo ID (e.g., driver’s license)
INTESTATE (without a will)
- death certificate
- approximate dollar value of probate assets
- names, ages and addresses of heirs at law
- if within 30 days from date of death, consent of all heirs at law who do not wish to qualify
- payment (payment types accepted)
- Government-issued photo ID (e.g., driver’s license)
Definitions
(Source: VCCA Probate and Estate Administration Manual)
- Executor - The person named in the decedent's will to administer the estate who accepts appointment by qualifying before the Clerk.
- Administrator - The person appointed by and qualified before the Clerk to administer the [intestate] decedent's estate.
- Trustee - Person holding property in trust. One in whom an estate, interest or power is vested.
- Decedent - The deceased person.
- Heirs - Persons who would inherit the decedent's estate if the decedent died without a will.
- Beneficiary - The person or organization entitled to receive a portion of the estate.
- Fiduciary - A person in a position of trust with respect to another's property; a general term used to refer to an executor, administrator or trustee.
- Self-Proving - Acknowledgement of the testator and the affidavits of attesting witnesses, made before an officer authorized to administer oaths.
- Qualification - Procedure whereby a person is appointed by the Clerk to serve as executor or administrator of a decedent's estate.
- Testate - Dying with a will.
- Intestate - Dying without a will.
- Certificate of Qualification - (Also called Letters of Testamentary) Formal instrument of authority and appointment given to a fiduciary by the proper court, empowering him or her to act in the capacity of a fiduciary.
Wills and Estate - Forms
- Estate Asset Worksheet (XLS) (requires Microsoft Excel)
- Probate Appointment Checklist Form (PDF)
- Estate forms available through the Supreme Court of Virginia
- Real Estate Affidavit Form pursuant to Code of VA § 64.2-510
- Typically used when a decedent who did not have a Will owned only real estate and the heirs wish to update the Chesterfield County land records to reflect the land owner's death.
- Before filing, email or call the Probate Division at 804-706-7680 to confirm requirements.
- Real Estate Affidavit Form pursuant to Code of VA § 64.2-510
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Wendy S. Hughes
Clerk of Court
Email Policy
Our email account is intended for general inquiries only. For specific case-related inquiries, please call the Clerk’s Office during public service hours to speak with a staff member in the appropriate division.
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Circuit Court
Physical Address
9500 Courthouse Road
Chesterfield, VA 23832
Mailing Address
Chesterfield County Circuit Court
P.O. Box 125
Chesterfield, VA 23832-0909
Phone: 804-748-1241
1917 Courthouse
10011 Iron Bridge Road
Chesterfield, VA 23832
Directions
Public Service HoursMonday - Friday
8 a.m. - 4 p.m.
Recording Hours
Monday - Friday
8 a.m. - 3:30 p.m.
Note
Recording hours are subject to change in the event of inclement weather or holiday closings. Filing parties are encouraged to call the Clerk's Office in advance to ascertain any deviation from normal recording hours.
Filings
The Court does not accept case-related filings via the internet, email or fax. Filings are accepted via mail, courier or hand delivery.
Location
The Circuit Court Clerk's Office is on the first floor of the Courts Building located at the intersection of Ironbridge Road (Route 10) and Courthouse Road. The Courthouse is a large brick building with white columns and a circular drive.
Parking
Parking is permitted in any area except those that are gated, marked "reserved," or designated for jurors. There is no fee for parking.