Probate in Montgomery County

Probate Court Record

Montgomery County Circuit Court

Montgomery County · 27th Judicial Circuit

Phone

1-540-382-5760 (ext. 7, then option 4)

Hours

Monday-Friday 8:30 AM-4:30 PM

Office

55 East Main Street, Christiansburg, VA 24073

Files probate

Probate Division

Filing in person

Appointment required

Self-represented filing

Allowed

Self-help forms

How to file probate in Montgomery County →

Verified October 16, 2026 · Source

Do I need a lawyer for probate in Montgomery County? →Settling an estate in Montgomery County →

Trust Administration Firms Serving Montgomery County

Roanoke firm on Franklin Road serving the Roanoke and New River Valleys and the surrounding counties. Guides personal representatives through probate and estate administration — asset gathering, creditor notification, and distribution to heirs — and handles will contests, beneficiary-status determinations, and accounting disputes.

Serves 8 countiesEstate PlanningTrust AdministrationProbateProbate LitigationWills Trusts

Lexington firm, with a second office in the Roanoke area, serving Rockbridge County and the greater Roanoke region. Focuses on probate-avoidance estate planning — revocable living trusts to hold and distribute assets privately — plus wills and trust administration. Offers a free 15-minute consultation.

Solo PracticeSince 2016Serves 3 countiesFree consultationEstate PlanningTrust AdministrationProbateTax PlanningWills Trusts

Danville firm serving Southside Virginia through the local circuit courts, with a second office in Lynchburg. Handles estate and trust administration, probate, guardianship and conservatorship, and Medicaid asset-protection planning for aging clients. Attorney Robert W. Haley is a Certified Elder Law Attorney, and the firm offers phone and video consultations.

Since 1995Serves 5 countiesEstate PlanningTrust AdministrationProbateElder LawConservatorship+3

Estate-planning and elder-law firm serving Fredericksburg from its Jackson Street office, part of a four-office Virginia footprint that includes Richmond, Williamsburg, and Virginia Beach. Works with families on trust-based plans, estate and trust administration, Medicaid and asset-protection planning, and guardianship and conservatorship.

Serves the whole stateEstate PlanningTrust AdministrationElder LawGuardianshipSpecial Needs Planning+2

Williamsburg-anchored estate firm serving the Historic Triangle and central Virginia, with offices in Richmond and satellite locations including Glen Allen and Charlottesville. Handles probate, estate and trust administration, will and trust updates, powers of attorney, and inheritance matters for estates large and small. Offers a free consultation and an ongoing plan-maintenance service.

Since 2009Serves the whole stateFree consultationEstate PlanningTrust AdministrationProbateAsset ProtectionPowers Of AttorneyWills Trusts

All 7 Virginia trust administration firms serving Montgomery County →

Forms for Planning and Settling an Estate in Virginia

Free Virginia forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for Virginia.

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Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

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Pour-Over Will

In Virginia, a pour-over will is signed before 2Va. Code § 64.2-403Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.

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Tools for Planning and Settling an Estate in Virginia

Free calculators and checklists to plan or settle an estate in Virginia: will and trust costs, probate, executor pay and taxes. Run each tool for Virginia.

How Do I Settle a Trust?

Settling a trust in Virginia happens outside court: the trustee acts under the state's Uniform Trust CodeVa. Code § 64.2-700 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysVa. Code §§ 64.2-775, 64.2-796Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.

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What's Fair Trustee Compensation?

In Virginia, trustee compensation follows "reasonable compensation" (UTC § 708 or equivalent)Va. Code Ann. § 64.2-761Verified Sep 18, 2026View source unless the trust instrument sets a different amount.

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How Do I Settle an Estate?

Settling an estate in Virginia: the personal representative files the estate inventory within 120 daysVa. Code § 64.2-1300Verified Sep 15, 2026View source of appointment; creditors have 6 monthsVa. Code §§ 64.2-508.1, 64.2-528, 64.2-529, 64.2-550, 64.2-552, 64.2-556Verified Oct 19, 2026View source to present claims; a simple estate closes in 6 months to 9 months.

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Do I Have to File Tax Returns for Someone Who Died?

Virginia requires a final state income tax return for the decedent alongside the federal Form 1040Va. Code §§ 58.1-320, 58.1-322.03, 58.1-360Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

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How Does Step-Up in Basis Work?

Inherited assets in Virginia take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular ratesVa. Code § 58.1-320 (imposition of tax on individuals; graduated rate schedule)Verified Sep 15, 2026View source.

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