Probate in Albemarle County

Probate Court Record

Albemarle County Circuit Court

Albemarle County · 16th Judicial Circuit

Hours

8:00 AM-4:00 PM

Office

350 Park Street, Charlottesville, VA 22902

Files probate

Probate Division

Filing in person

Appointment required

Self-represented filing

Allowed

Self-help forms

How to file probate in Albemarle County →

Verified October 16, 2026 · Source

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

Estate Law Firms Serving Albemarle County

Gelbman Law serves Charlottesville and Central Virginia through the Albemarle County courts. The firm handles guardianship and conservatorship matters, adult financial-exploitation and abuse cases, long-term-care planning, and wills, trusts, and advance directives. One of a small handful of area practices focused exclusively on elder law.

Solo PracticeServes 6 countiesEstate PlanningElder LawConservatorshipGuardianshipMedical Directives+2

Peninsula firm headquartered in Yorktown, with offices in Virginia Beach, Williamsburg, and Saluda, serving the greater Tidewater region. Handles probate and estate administration, trust administration, Medicaid and elder-law matters, and special-needs and estate-tax planning. Established 1978, and offers a free case consultation.

Since 1978Serves 7 countiesFree consultationEstate PlanningTrust AdministrationProbateElder LawSpecial Needs Planning+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

Charlottesville firm with a statewide Virginia practice and a second office in Harrisonburg, serving Central Virginia and the Shenandoah Valley. Handles probate and estate administration — locating assets, paying creditors and taxes, and distributing to heirs — plus trust and estate litigation, guardianship, and Medicaid planning. Offers a free consultation and will meet clients at home.

Serves the whole stateFree consultationEstate PlanningProbateElder LawMedical DirectivesPowers Of AttorneyWills Trusts

All 6 Virginia estate law firms serving Albemarle 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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Last Will and Testament

In Virginia, a will is signed before 2Va. Code § 64.2-403Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyVa. Code § 64.2-403Verified Oct 19, 2026View source.

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Healthcare Power of Attorney

Virginia requires 2Va. Code Ann. § 54.1-2984Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredVa. Code Ann. § 54.1-2984Verified Oct 15, 2026View source.

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Financial Power of Attorney

Virginia treats a power of attorney as durable by defaultVa. Code §§ 64.2-1600 through 64.2-1642Verified Oct 21, 2026View source, and it is signed with no witness or notary requirementVa. Code §§ 64.2-1600 through 64.2-1642Verified Oct 21, 2026View source.

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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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Transfer on Death Deed

In Virginia, a transfer on death deed is signed before a notaryVa. Code 64.2-621 to 64.2-638Verified Oct 19, 2026View source, then recorded with the county before the owner's deathVa. Code 64.2-621 to 64.2-638Verified Oct 19, 2026View source. Virginia does not recognize a Lady Bird deed.

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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.

Trust or Will: Which Costs Less?

In Virginia, a will-based plan pays probate attorney fees of typically 2.5%Modeled estimate under Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source to 3.9%Modeled estimate under Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.

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Do I Need a Revocable Trust?

Probate in Virginia takes 6 months to 9 months for a simple estate and charges attorney fees of typically 2.5%Modeled estimate under Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source to 3.9%Modeled estimate under Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source of the estate; assets held in a revocable trust skip both.

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How Much Does Probate Cost?

Probate on a $500,000 estate in Virginia costs an estimated $29,411Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage)Verified Sep 9, 2026View source. Attorney fees run 2.5%Modeled estimate under Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source to 3.9%Modeled estimate under Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source of the estate under a reasonable-compensation standard.

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What Are the Estate Laws in My State?

Probate on a $500,000 estate in Virginia costs an estimated $29,411Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage)Verified Sep 9, 2026View source and takes 6 months to 9 months for a simple estate, with attorney fees of typically 2.5%Modeled estimate under Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source to 3.9%Modeled estimate under Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source of the estate. Estates under $75,000Va. Code § 64.2-600Verified Sep 9, 2026View source can use a small-estate procedure instead.

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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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What Does Estate Planning Actually Cost?

An attorney-prepared revocable trust in Virginia runs $3,770Estimate: 10 hours at $377, Clio's Virginia Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,655Estimate: 15 hours at $377, Clio's Virginia Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,311Estimate: 3 hours at $437, Clio's Virginia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,622Estimate: 6 hours at $437, Clio's Virginia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.

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