What to Do When Someone Dies in Albemarle County, Virginia

How probate works in Albemarle County: the Circuit Court record, what the process costs, and how to file there.

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

Filing in person

Appointment requiredProbating a will and qualifying an executor or administrator are done by appointment only, and an appointment can take an hour or more. The Probate Division schedules appointments at 434-972-4083, ext. 2141, and says what to bring.

Verified October 16, 2026 · Source

How Probate Works in Albemarle County

Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Albemarle County, probate runs through the Circuit Court at Court Square, 350 Park Street, Charlottesville. The court sits in the 16th Judicial Circuit.

The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Virginia intestacy law when there is no will.

Most Virginia estates take 9 months to 12 months to move through this process. 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 a claim, counted from the first publication of the notice to creditors.

What Probate Costs in Albemarle County

What probate costs in Albemarle County, Virginia comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Circuit Court at Court Square, 350 Park Street, Charlottesville. The court is part of the 16th Judicial Circuit.

Virginia charges $0 - $30 (based on estate value)Va. Code § 17.1-275(A)(3)Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

Estimate the costs for this estate:

Attorney fees in Virginia are negotiated, 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 estate value. Flat-fee arrangements are common for straightforward estates.

Virginia allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payVa. Code § 64.2-1208(A) (commissioner of accounts allows reasonable compensation; no statutory percentage)Verified Sep 9, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under Va. Code §§ 64.2-504(A) (bond required at qualification), 64.2-505(A)(2) (security waived when the will so directs)Verified Sep 9, 2026View source of estate value annually.

Probate in Virginia typically runs 9 months to 12 months, and costs accrue throughout that period.

How to File Probate at the Circuit Court

Probate cases in Albemarle County are filed at the Probate Division of the Circuit Court. File in person during business hours or by mail. The court sits in the 16th Judicial Circuit.

Can You File Without an Attorney?

In Virginia, informal probate is not available, so self-filing means a formal court petition rather than a registrar filing.

For a full cost comparison and filing checklist, see the Albemarle County Self-Filing Assessment.

Albemarle County Filing Requirements

These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.

Document Requirements

The probate page links the clerk's Guide to the Administration of Decedents' Estates in Virginia.

Source

Court Appearances

Criminal terms begin the first Monday of February, April, June, August, October and December, and all criminal cases are set on term day.

Source

Civil terms begin the last Thursday of each month, except November and December, when they begin the third Thursday. Court convenes at 9:00 a.m.

Source

What to Bring

Filed with the opening petition at the Circuit Court: Certified copy of the death certificate (or, where the clerk accepts it, a copy of the obituary); Original will and any codicils, if the decedent left a will (Va. Code §§ 64.2-443, 64.2-444); Completed Probate Information Form (CC-1650) — the application for appointment of an executor or administrator; List of Heirs (CC-1611), the decedent's heirs at law, sworn and filed at qualification whether the decedent died testate or intestate (Va. Code § 64.2-509(A)); Probate Tax Return (CC-1651), filed with the clerk when the estate exceeds $15,000 in value (Va. Code § 58.1-1714)Va. Code §§ 64.2-443 (circuit court jurisdiction), 64.2-444 (clerk authority to admit wills and qualify representatives), 64.2-500 to 64.2-508.1 (grant, oath, bond, security, certificate of qualification), 64.2-509 (list of heirs), 64.2-1426 (nonresident fiduciaries)Verified Aug 24, 2026View source.

Death Certificates and the Medical Examiner in Albemarle County

In Virginia a death is registered locally, and in Albemarle County certified copies of the death certificate are issued by Blue Ridge Health District, Charlottesville/Albemarle Health Department as well as by Virginia Department of Health - Office of Vital Records.

Vital Records Office Record

Local Health Department

Albemarle County · Blue Ridge Health District, Charlottesville/Albemarle Health Department

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

1138 Rose Hill Drive, Entrance 3, Charlottesville, VA 22903

Fax

1-434-972-4310

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

State Medical Examiner

Albemarle County · Office of the Chief Medical Examiner, Central District

Office

8850 Times Dispatch Boulevard, Suite 200, Mechanicsville, VA 23116

Serves this county

Office of the Chief Medical Examiner (Central District)

Mail and offices

Fax

1-804-371-8595

Verified November 2, 2026 · Source

Transferring Property in Albemarle County

Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Clerk of the Circuit Court.

Deeds and other real property documents for Albemarle County are recorded with the Clerk of the Circuit Court at 350 Park Street, Court Square, Charlottesville, VA 22902. Phone: 1-434-972-4083. Hours: 8:00 AM-4:00 PM.

The Clerk of the Circuit Court charges $26 for 1-10 pages, $40 for 11-30 pages, $60 for 31+ pages.

Albemarle County accepts electronic recording through CSC and Simplifile.

Recording Office Record

Clerk of the Circuit Court

Albemarle County

Hours

8:00 AM-4:00 PM

Office

350 Park Street, Court Square, Charlottesville, VA 22902

Fax

1-434-293-0298

Verified October 17, 2026 · Source

Probate Attorneys Serving Albemarle County

Virginia uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Albemarle County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.

Probate attorney fees in Virginia are based on reasonable compensation, billed hourly or as a flat fee. Ask an Albemarle County firm to quote a structure up front.

A probate attorney files the petition with the Circuit Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.

Solo PracticeCharlottesville, VA

Gelbman Law, PLLC

Serves 6 counties

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.

PracticesEstate PlanningElder LawConservatorshipGuardianshipand 3 more

Office
525 Meade AvenueCharlottesville, VA 22902

FirmCharlottesville, VA

Virginia Wills, Trusts & Estates, PLC

Serves 2 counties

Charlottesville firm on Hickman Road handling estate settlement across Albemarle County and the Central Virginia circuit courts. On the settlement side it qualifies executors, marshals probate and non-probate assets, and files inventories and annual accountings with the Commissioner of Accounts. Six attorneys carry the estate and trust administration workload.

PracticesEstate PlanningTrust AdministrationProbateTax PlanningWills Trusts

Office
304 Hickman RoadCharlottesville, VA 22911

FirmYorktown, VA

TrustBuilders Law Group

Since 1978 · Serves 7 counties

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.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 4 more

Office
914 Denbigh BoulevardYorktown, VA 23692
Free consultation

FirmFredericksburg, VA

Carrell Blanton Ferris & Associates, PLC

Serves the whole state

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.

PracticesEstate PlanningTrust AdministrationElder LawGuardianshipand 3 more

Office
725 Jackson Street, Suite 209Fredericksburg, VA 22401

FirmWilliamsburg, VA

Johnson, Gasink & Baxter, LLP

Since 2009 · Serves the whole state

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.

PracticesEstate PlanningTrust AdministrationProbateAsset Protectionand 2 more

Office
1100 Professional DriveWilliamsburg, VA 23185
Free consultation

FirmCharlottesville, VA

MartinWren, P.C.

Serves the whole state

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.

PracticesEstate PlanningProbateElder LawMedical Directivesand 2 more

Office
400 Locust Avenue, Suite 1Charlottesville, VA 22902
Free consultation

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

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Legal Sources

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Data sourced from Virginia statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.

Tools for Settling an Estate in Virginia

Free tools for settling an estate in Virginia: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Virginia.

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.

See the Steps

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.

See the Steps

Can I Self-File Probate?

In Virginia, informal probate is not available, so self-filing means a formal court petition rather than a registrar filing.

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