How probate works in Botetourt County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Botetourt County · 25th Judicial Circuit
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About the court
Verified October 16, 2026 · Source
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 Botetourt County, probate runs through the Circuit Court at 5 West Main Street, ODC Building, 1st Floor, Fincastle. The court sits in the 25th 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 Botetourt 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 5 West Main Street, ODC Building, 1st Floor, Fincastle. The court is part of the 25th 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.
Probate cases in Botetourt County are filed at the Circuit Court. File in person during business hours or by mail. The court sits in the 25th Judicial Circuit.
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 Botetourt County Self-Filing Assessment.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Terms begin the first Monday of March, June, August, October and December, with motion day on the first Thursday of each month. Court convenes at 9:30 a.m.
SourceFiled 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.
In Virginia a death is registered locally, and in Botetourt County certified copies of the death certificate are issued by Roanoke City and Alleghany Health Districts, Roanoke City Health Department Vital Records, Botetourt County as well as by Virginia Department of Health - Office of Vital Records.
Vital Records Office Record
Botetourt County · Roanoke City and Alleghany Health Districts, Roanoke City Health Department Vital Records
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| First certified copy | $15 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Botetourt County · Office of the Chief Medical Examiner, Western District
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Verified November 2, 2026 · Source
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 Botetourt County are recorded with the Clerk of the Circuit Court at ODC Building, 5 West Main, 1st Floor, Fincastle, VA 24090. Phone: 1-540-473-8274. Hours: Monday-Friday 8:00 AM-4:00 PM (except holidays).
Documents submitted by mail go to P.O. Box 219, Fincastle, VA 24090.
The Clerk of the Circuit Court charges $26 for 1-10 pages, $40 for 11-30 pages, $60 for 31+ pages.
Botetourt County accepts electronic recording through CSC.
Recording Office Record
Botetourt County
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| 1-10 pages | $26 |
| 11-30 pages | $40 |
| 31+ pages | $60 |
| Open-Space Preservation Fee (Virginia Outdoors Foundation)Applies to a TOD deed | $3 |
| Land Book Transfer FeeApplies to a TOD deed | $1 |
| Deed Processing FeeNot required for a TOD deed | $20 |
| Paper-Filing Fee (clerks offering electronic land-record filing) | Up to $5.00 per instrument |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
Va. Code 17.1-275 (subdivision A 2), 17.1-279; add-ons at Va. Code 58.1-817, 58.1-3314(3), 17.1-258.3:1 and Appropriation Act Item 3-6.01
Verified October 17, 2026 · Source
Virginia uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Botetourt 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 a Botetourt 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.
FirmRoanoke, VA
Roanoke firm serving Southwest Virginia with a practice limited to estate planning and elder law. Handles estate and trust administration, probate, guardianship and conservatorship, asset protection, and Medicaid planning. Offers a free consultation.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 2 more
FirmRoanoke, VA
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.
PracticesEstate PlanningTrust AdministrationProbateProbate LitigationWills Trusts
FirmRoanoke, VA
Roanoke firm serving clients throughout Southwest Virginia in estate, tax, trust, and elder law. Handles estate and trust administration, revocable living trusts and wills, special-needs trusts, guardianships, and fiduciary advising for executors and trustees. Partner Mark W. Dellinger was named a Virginia Super Lawyer in elder law.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 3 more
FirmSalem, VA
Salem firm on East Main Street serving the Roanoke Valley and western Virginia courts, with a practice limited to estate and trust work. Guides executors through probate and trustees through trust administration — marshalling assets, settling debts, and distributing to beneficiaries — plus guardianship and conservatorship appointments. Estate and trust administration is its sole focus.
PracticesEstate PlanningTrust AdministrationProbateConservatorshipand 2 more
Solo PracticeLexington, VA
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.
PracticesEstate PlanningTrust AdministrationProbateTax PlanningWills Trusts
FirmDanville, VA
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.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 4 more
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.
Data sourced from Virginia statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
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.
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.
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.
In Virginia, informal probate is not available, so self-filing means a formal court petition rather than a registrar filing.
Browse vetted Virginia attorneys handling probate matters.
Each institution has a separate death claim process. Find yours below.
Get a complete guide for your specific circumstances.
Enter the estate value to see Virginia attorney fees, executor fees, court costs and the timeline.
General information about probate costs, not legal or financial advice. Fee bases vary by state and may use gross estate, personal property, inventory value or net property after debts. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
Enter the estate value to see whether Virginia lets a self-represented person open probate, what the court requires, and what each route costs.
General information about filing probate without a lawyer, not legal advice. Both routes are priced by the probate cost estimator on the same estate; the attorney fee is the one line that differs. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
