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1. What should I do if I need to probate a will and/or qualify as personal representative (Executor/Administrator) of an estate?

• Please note that probate/qualification matters are handled by appointment.
• Contact the Probate Division of the Circuit Court Clerk’s Office.
  • By FAX 804-717-6797
    • Provide a copy of the death certificate and will (if one exists)
  • By emailing the Clerk’s Office and a Probate staff member will contact you to schedule an appointment.
    • Be prepared to provide information about the decedent’s heirs.
    • Be prepared to provide information about the estate value (see below).

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 804-748-1241. 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.)
  • If the decedent had a will, have the original will with you when you call to make the appointment.
  • The Clerk or Deputy Clerk with whom you speak will ask you a few questions regarding the execution (signing) of the will and the decedent's wishes regarding qualification of a personal representative.
  • Be prepared to provide information about the decedent’s heirs.
  • Be prepared to provide information about the estate value.

2. How do I estimate the estate value?

• 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
  • property payable to a named beneficiary
  • assets with a payable on death (POD) designation (e.g., life insurance policies with a named beneficiary or bank accounts with a joint co-owner or POD designation should not be included).
• 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.