What to Do When Someone Dies in Chesapeake City, Virginia

Probate in Chesapeake City runs through the Circuit Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.

When someone dies in Chesapeake City, settling their estate runs through the Circuit Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.

Probate Court Record

Circuit Court

Chesapeake City · 1st Judicial Circuit

Address

307 Albemarle Drive, Suite 300AChesapeake, VA 23322

Hours

8:30AM - 3:45PM
Visit court website →
Paper filing availableE-filing optionalAppointment requiredSelf-filing allowed

Accepted paymentCash, Check. Probate filings are paid by cash or check.

County forms

Verified July 5, 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. The 6 monthsVa. Code §§ 64.2-554, 64.2-556(A) (six months from qualification before distribution may be compelled or ordered over creditors), 64.2-508.1(C)(4) (elective published notice: claims due at least six months from first publication); § 64.2-529 (separate 12-month personal-liability shield for the personal representative); § 64.2-550 (debts-and-demands hearing before the commissioner of accounts)Verified Sep 9, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.

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 Sep 9, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

The Circuit Court accepts e-filing (https://www.vacourts.gov/online/vjefs/home). Paper filing remains available for self-represented filers.

Estimate the costs for this estate:

Attorney fees in Virginia are negotiated, typically 2.5%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)Verified Sep 9, 2026View source to 3.9%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)Verified Sep 9, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.

Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 9, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 9, 2026View source of estate value. 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%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 documents in Chesapeake City can be filed in person at the Circuit Court, by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available. The court sits in the 1st Judicial Circuit.

How to File Your Documents

Paper Filing Available

You can file your probate documents in person at the court or by mail.

E-Filing Also Available

If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.

View E-Filing Information

Can You File Without an Attorney?

Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Circuit Court is realistic.

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.

Court Appearances

Criminal terms begin the 1st Tuesday monthly at 2:00 p.m.; civil terms begin the 1st Tuesday monthly at 10:00 a.m. Civil motions heard Wednesdays (scheduling at 757-382-3074).

Source

Chesapeake City Forms

This county uses specific forms in addition to state-standard forms. Using the correct forms helps avoid delays or rejected filings.

Application for Probate Appointment

Download

Complete before a probate appointment with the Clerk

Before You Go

Appointment required

An appointment is required to file in person. Call the Probate Clerk at 757-382-3000 to make an appointment before coming in to probate an estate. Complete the Application for Probate Appointment beforehand. With a will, bring the original will, a certified death certificate or obituary, asset values (personal property and Virginia real estate), heirs-at-law names/ages/addresses, payment, and an executor renunciation letter if applicable. Initial estate steps recommended within 30 days after death.

Accepted payment

Cash, Check. Probate filings are paid by cash or check.

What to Bring

To file at the Circuit Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.

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 Circuit Court.

Deeds and other real property documents for Chesapeake City are recorded with the Clerk of Circuit Court, led by Clerk Alan P. Krasnoff, at 307 Albemarle Drive, Suite 300A, Chesapeake, VA 23322. Phone: 757-382-3000. Hours: 8:30AM - 3:45PM.

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

Chesapeake City accepts electronic recording through CSC.

Recording Office Record

Clerk of Circuit Court

Chesapeake City · Clerk · Alan P. Krasnoff

Address

307 Albemarle Drive, Suite 300AChesapeake, VA 23322

Hours

8:30AM - 3:45PM

E-recording

Available via CSCE-recording info →

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 FeeRequired with most deeds$1
Deed Processing Fee$20
Paper-Filing Fee (clerks offering electronic land-record filing)Up to $5.00 per instrument
Transfer tax on a TOD deedExempt

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 2002-2010 Appropriations Act Sec. 3-6.01

Verified September 9, 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 — typically 2.5%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)Verified Sep 9, 2026View source to 3.9%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)Verified Sep 9, 2026View source of the estate's value, 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 AdministrationElder LawMedicaid Planningand 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 PlanningElder LawProbate AdministrationWills 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 AdministrationTax PlanningProbate AdministrationWills 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.

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Legal Sources

Data sourced from Virginia statutes and official state code. How we research.