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Wills and Estate Administration
Probate and Estate Assistance
Before visiting the Circuit Court, 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).
How to Record a Will or Qualify as Personal Representative
To record a will and/or 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 a.m. -4 p.m. 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.
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
- What is a bond? What is surety?
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- A bond is a written promise that one will faithfully perform his/her duties as Executor or Administrator.
- The bond is set at an amount greater than the estate value and is payable to the Commonwealth of Virginia.
- A bond issued on behalf of an estate ensures that the person qualified as Administrator or Executor properly administers the assets of the estate.
- This safeguards the interests of creditors, heirs, beneficiaries and the Commonwealth as their interests relate to the estate.
- If neither the will nor Virginia law waive surety on a bond, surety will need to be posted on the bond.
- Surety has the effect of insuring the bond, should it become payable.
- Most often, surety or security is obtained through a bonding/insurance company.
- The company must have the authority to execute bonds and the agent must provide his/her power of attorney at the time of the qualification appointment.
- A premium proportionate to the value of the estate is paid to the bonding company.
- How do I arrange for surety?
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If it is determined that surety on a bond is required,
- a bonding or insurance company should be contacted to act as surety
- you may contact your own insurance agent to inquire if they post fiduciary (Executor/Administrator) bonds
- the Clerk’s Office can provide a list of known companies that may be able to assist.
- Whom should I contact if I have questions or if I need to make an appointment for probate and/or qualification?
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Chesterfield Circuit Court Clerk
804-748-1241 - ask for Probate Division - After qualifying, whom should I contact if I have questions regarding my reporting responsibilities? Whom should I contact when I am ready to close the estate?
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The Commissioner of Accounts is an attorney commissioned by the Circuit Court Judges to oversee the actions of fiduciaries and is responsible for reviewing and approving inventories and accountings. His office is not in the Courts Building but is in an office building in close proximity to the courthouse.
Commissioner of Accounts
Bryan K. Selz, Esq.Mailing address:
P.O. Box 998
Chesterfield, VA 23832
Physical address:
9512 Ironbridge Road, Suite 110
Chesterfield, VA 23832804-796-4891 phone
804-796-4892 fax - How do I determine where to probate the will or qualify as personal representative?
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- In Virginia, the Circuit Court Clerk is responsible for handling probate and estate qualification matters.
- Jurisdiction is determined by the last place of residence prior to death.
- If the decedent was in a nursing home at the time of death, jurisdiction is determined based on the residence occupied before the decedent became a resident of the nursing home.
- Contact information for all Virginia Circuit Court Clerks
- How do I decide whether or not I should probate a will or qualify as Executor or Administrator of an estate?
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There are several reasons why a will should be probated (or recorded). The three basic reasons are
- There may be assets that need to be administered by a personal representative (i.e., assets in the decedent's name alone, not held jointly with a right of survivorship)
- The decedent may have owned real estate in Chesterfield or elsewhere, either alone or jointly with someone.
- The will, once probated, would become a matter of public record, thereby serving as a formal genealogical link to the decedent's family.
By recording the will, it becomes a permanent record available for review by family members as well as potential beneficiaries and creditors.
- What if the decedent died without a will and held only real estate at the time of his/her death?
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- The real estate passes to the heirs at law.
- Although qualification is not typically necessary under these circumstances, it may be necessary to record a Real Estate Affidavit (form CC-1612) (PDF) in order to reflect the intestate transfer of property in the Court's land records.
- What fees, taxes, and costs will I need to pay upon probate or qualification?
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- State probate tax - $1/$1000 value of probate assets
- Recordation of will/Clerk's Order - $18 up to 10 pages
- Recordation of list of heirs - $18
- Transfer fee - $1 (if decedent had interest in Chesterfield real estate)
- Clerk's fee - $0-$30, assessed based on estate value
- Certificate of qualification - $2 each (two included in base fee)
- What should I do if I need to probate a will and/or qualify as personal representative (Executor/Administrator) of an estate?
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- In Chesterfield, probate/qualification matters are handled strictly by appointment and appointments are only scheduled once all necessary information has been provided.
- Contact the Probate Division of the Circuit Court Clerk’s Office to provide the following information.
- By emailing the Clerk’s Office or by FAX to 804-717-6797
- A copy of the death certificate
- A copy of the Last Will and Testament and Codicil(s), if any
- Full names and addresses of the decedent’s heirs
- Estimate of the estate value (personal property and real property in the decedent's name alone without a beneficiary or payable on death designation)
- By emailing the Clerk’s Office or by FAX to 804-717-6797
NOTE: Include contact information; however, DO NOT write on the will itself.
- If you are unable to fax or email, call the Probate Division at 804-706-7680 with the death certificate and will in hand. Be prepared to provide information regarding the decedent's heirs and estate value as described above. If you must leave a message, every effort will be made to return your call the same business day. Please refrain from calling multiple times.
- How do I estimate the estate value?
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- Include all property (real estate and personal property) that was in the decedent's name alone at the time of his/her death.
- Include tangible personal property as well as intangible assets (e.g., stocks, bonds, etc.).
- Do not include property held jointly with a right of survivorship.
- Do not include property payable to a named beneficiary or with a payable on death (POD) designation.
- Estimate the fair market value of the assets as of the decedent's date of death.
- DO NOT DEDUCT debts owed, loans, or mortgage amounts.
- Compute separate totals for personal property and real property.