What to Do When Someone Dies in Chesapeake City, Virginia

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

What probate costsHow to fileDeath certificatesTransferring propertyLocal attorneys

Probate Court Record

Chesapeake City Circuit Court

Chesapeake City · 1st Judicial Circuit

Hours

8:30 AM-3:45 PM

Office

307 Albemarle Drive, Chesapeake, VA 23322

Files probate

Probate Division

Filing in person

Appointment required

Self-represented filing

Allowed

Self-help forms

Court forms packet

Open in Google Maps

Filing in person

Appointment requiredProbate is by appointment with a probate clerk. The Application for Probate Appointment goes to the Probate Division first, with a copy of the will and the death certificate, by email to CCCProbate@CityofChesapeake.net, by fax or by mail; the office then calls within 24 to 48 hours to set the appointment. Fees and taxes are due on the day of the appointment.

Self-represented filing

AllowedThe probate page lists what to bring with and without a will: the original will, a certified death certificate (or, with a will, a copy of the obituary), the approximate value of the solely owned assets and Virginia real estate, and the names, ages and addresses of the heirs at law. The probate clerk sets the bond at qualification.

Accepted payment

  • At the counterCash, Check.Fees and taxes are paid by check or cash at the appointment.

Verified October 16, 2026 · Source

How Probate Works in Chesapeake City

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 Chesapeake City, probate runs through the Circuit Court at 307 Albemarle Drive, Suite 300A, Chesapeake. The court sits in the 1st 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 Chesapeake City

What probate costs in Chesapeake City, 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 307 Albemarle Drive, Suite 300A, Chesapeake. The court is part of the 1st 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 Chesapeake City are filed at the Probate Division of the Circuit Court. File in person during business hours or by mail. The court sits in the 1st 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 Chesapeake City Self-Filing Assessment.

Chesapeake City Filing Requirements

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

Document Requirements

An executor or administrator who lives outside Virginia brings a Virginia resident to the appointment, to qualify jointly or to be named the registered agent.

Source

A named executor who does not wish to serve signs a renunciation letter for the clerk, and a named executor who has died is shown by a death certificate.

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 Chesapeake City

In Virginia a death is registered locally, and in Chesapeake City certified copies of the death certificate are issued by Chesapeake Health Department, Vital Records Office, Chesapeake City as well as by Virginia Department of Health - Office of Vital Records.

Vital Records Office Record

Local Health Department

Chesapeake City · Chesapeake Health Department, Vital Records Office

Hours

Monday-Friday 8:30 AM-12:30 PM and 1:30 PM-3:30 PM

Office

748 Battlefield Boulevard North, 1st Floor, Chesapeake, VA 23320

Certified copies

At the counter

Open in Google Maps

Local rule

  • Death certificates go to immediate family members, a grandchild, a great-grandchild or a legally authorized person, with a valid ID. Bring the completed application to the first-floor counter.

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

State Medical Examiner

Chesapeake City · Office of the Chief Medical Examiner, Tidewater District

Office

830 Southampton Avenue, Suite 100, Norfolk, VA 23510

Serves this county

Office of the Chief Medical Examiner (Tidewater District)

Open in Google Maps

Mail and offices

Fax

1-757-683-2589

Verified November 2, 2026 · Source

Transferring Property in Chesapeake City

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 Chesapeake City are recorded with the Clerk of the Circuit Court at 307 Albemarle Drive, Suite 300A, Chesapeake, VA 23322. Phone: 1-757-382-3000. Hours: 8:30 AM-3:45 PM.

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

Chesapeake City accepts electronic recording through CSC and Simplifile.

Recording Office Record

Clerk of the Circuit Court

Chesapeake City

Hours

8:30 AM-3:45 PM

Office

307 Albemarle Drive, Suite 300A, Chesapeake, VA 23322

Open in Google Maps

Fees

Recording fees

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 deedTOD 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

Probate Attorneys Serving Chesapeake City

Virginia uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Chesapeake City — 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 Chesapeake City 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.

FirmVirginia Beach, VA

Alperin Law

Serves 5 counties

Estate planning and elder law firm in Virginia Beach serving families across Hampton Roads, with offices in Norfolk, Newport News, Suffolk, and Chesapeake. Handles estate and trust administration, probate, asset protection, Medicaid and long-term-care planning, special-needs planning, and veterans benefits. Offers a free initial consultation.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 2 more

Office
500 Viking Drive, Suite 202Virginia Beach, VA 23452
Free consultation

Solo PracticeChesapeake, VA

Dominic P. Lascara, PLC

Since 2007 · Serves 5 counties

Chesapeake firm serving the Hampton Roads cities, handling probate and estate administration for families settling estates. Drafts wills and trusts, nominates guardians and executors, and provides elder-law services including Medicaid planning, durable powers of attorney, and advance directives. Solo practice with nearly three decades of experience.

PracticesEstate PlanningProbateElder LawWills Trusts

Office
652 Independence Parkway, Suite 120Chesapeake, VA 23320

FirmVirginia Beach, VA

Oast & Taylor, PLC

Since 1915 · Serves 5 counties

Virginia Beach elder-law and estate firm with offices across Coastal Virginia (Portsmouth, Chesapeake) and northeastern North Carolina, with roots in the Oast family's Portsmouth practice of 1915. Handles estate and trust administration, guardianships and conservatorships, fiduciary litigation, and Medicaid asset protection. Offers in-home consultations for clients with limited mobility.

PracticesEstate PlanningTrust AdministrationElder LawGuardianshipand 2 more

Office
277 Bendix Road, Suite 240Virginia Beach, VA 23452

FirmVirginia Beach, VA

Pender & Coward, PC

Since 1889 · Serves 6 counties

Hampton Roads firm with its main office in Virginia Beach, plus Chesapeake and Suffolk, serving the local courts since 1889. Its Trusts & Estates group handles estate and trust administration, probate, asset-protection planning, and guardian and conservator appointments for both modest and substantial estates. Attorneys coordinate with clients' financial and trust advisers.

PracticesEstate PlanningTrust AdministrationProbateTax PlanningWills Trusts

Office
222 Central Park Avenue, Suite 400Virginia Beach, VA 23462

FirmChesapeake, VA

Shannon & Associates, P.C.

Serves 6 counties

Chesapeake firm serving the Hampton Roads cities — Chesapeake, Virginia Beach, Norfolk, Portsmouth, and Suffolk. Estate-side work covers wills, powers of attorney, guardianships, and conservatorships, alongside a family-law and criminal-defense practice. Attorney Kristen M. Shannon is a former state prosecutor.

PracticesEstate PlanningConservatorshipGuardianshipPowers Of AttorneyWills Trusts

Office
840 Greenbrier Circle, Suite 202Chesapeake, VA 23320

FirmNorfolk, VA

The Decker Law Firm

Serves 3 counties

Hampton Roads firm based in downtown Norfolk, serving Virginia Beach, Chesapeake, Portsmouth, and Suffolk with offices in Norfolk and Virginia Beach. Handles wills, revocable and irrevocable trusts, powers of attorney, and advance medical directives alongside its litigation practice. Offers free consultations.

PracticesEstate PlanningPowers Of AttorneyWills Trusts

Office
109 E Main Street, Suite 200Norfolk, VA 23510
Free consultation
See all 13 firms serving Chesapeake City →

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.

SimplyTrustSimplyTrust Editorial·

Legal Sources

Show 3 more sources

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.

Get the Answer

Hire a Virginia Probate Attorney

Browse vetted Virginia attorneys handling probate matters.

Browse firms

All Virginia tools

Notify Banks & Financial Institutions

Each institution has a separate death claim process. Find yours below.

Ameris Bank

Ameris Bank logo

Bank serving the Southeast and Northeast

Ameris Bank

Andrews FCU

Andrews FCU logo

Credit Union serving the Northeast and Southeast

Andrews FCU

Atlantic Union

Atlantic Union logo

Bank serving the Northeast and Southeast

Atlantic Union

Auto-Owners Life

Auto-Owners Life logo

Insurance Company serving the Midwest, Southeast, and more

Auto-Owners Life

Bank of Hope

Bank of Hope logo

Bank serving the West, Southeast, and more

Bank of Hope

Burke & Herbert Bank

Burke & Herbert Bank logo

Bank serving the Northeast and Southeast

Burke & Herbert Bank

Carter Bank

Carter Bank logo

Bank serving Virginia and North Carolina

Carter Bank

Citibank

Citibank logo

Bank serving the Northeast, West, and more

Citibank

Citizens Bank

Citizens Bank logo

Bank serving the Northeast, Southeast, and more

Citizens Bank

City National WV

City National WV logo

Bank serving the Southeast and Midwest

City National WV

City National

City National logo

Bank serving the Southeast, West, and more

City National

Congressional FCU

Congressional FCU logo

Credit Union serving District of Columbia, Virginia and Maryland

Congressional FCU

Is this your situation?

Get a complete guide for your specific circumstances.

Named as Executor

Named as Executor

What an executor actually does: getting appointed, notifying creditors, paying debts and taxes, and where personal liability starts.

Learn more