Midlothian practice serving Chesterfield County and the greater Richmond area, including Chester, Powhatan, Henrico, Bon Air, and Short Pump. Handles probate and estate administration, guardianship and conservatorship, and Medicaid planning and applications alongside estate planning. Attorney Scott Martin has practiced for more than fifteen years.
What to Do When Someone Dies in Chesterfield County, Virginia
How probate works in Chesterfield County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Chesterfield County Circuit Court
Chesterfield County · 12th Judicial Circuit
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM (except holidays)
Office
9500 Courthouse Road, Chesterfield, VA 23832
Website
Files probate
Probate Division
Filing in person
Appointment required
Self-represented filing
Allowed
Self-help forms
Filing in person
Appointment requiredFull probate and qualification are by appointment only, and an appointment is set only after the Probate Division has the required information; staff reply within two to three business days. Qualification is in person, as remote qualifications are not available. Questions go to 804-706-7680.
Self-represented filing
AllowedNo Supreme Court estate forms are needed to start: the Probate Division completes the official forms at the appointment from the information sent in advance.
County forms
- Pre-Probate and Estate Asset WorksheetThe online form that sends the Probate Division the information it needs before an appointment is set
- Mail-In Probate Service RequestThe online request for recording a will by mail without qualification
P.O. Box 125
Chesterfield, VA 23832
Fax
1-804-717-6797
Departments
- Probate Division1-804-706-7680 · Takes probate filings · cccprobate@chesterfield.gov
- Commissioner of Accounts1-804-796-4891 · 804 Moorefield Park Drive, Suite 102, North Chesterfield, VA 23236Oversees estate administration after qualification.
About the court
- The Clerk's Office is on the first floor of the Courts Building at Iron Bridge Road and Courthouse Road, and parking is free outside gated, reserved and juror spaces.
Verified October 16, 2026 · Source
How Probate Works in Chesterfield 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 Chesterfield County, probate runs through the Circuit Court at 9500 Courthouse Road, 1st Floor, Chesterfield. The court sits in the 12th Judicial Circuit. The same 12th Judicial Circuit also serves Colonial Heights.
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 Chesterfield County
What probate costs in Chesterfield 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 9500 Courthouse Road, 1st Floor, Chesterfield. The court is part of the 12th 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 Chesterfield 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 12th 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 Chesterfield County Self-Filing Assessment.
Chesterfield County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
The information the Probate Division needs before it schedules an appointment goes in through the online Pre-Probate and Estate Asset Worksheet, by email to cccprobate@chesterfield.gov as PDF attachments, or by fax. Only copies of the will are sent ahead; the original comes to the appointment. A will recorded without qualification can go through the mail-in service, which starts with an online request.
SourceThe mail-in service records a will without qualification for filers who cannot come to the courthouse; the original will is mailed only after the information sent ahead has been reviewed, by a trackable method.
SourceDocument Requirements
Before scheduling, the Probate Division asks for the requester's contact information, a copy of the death certificate, a copy of any will and codicils, the proposed executor or administrator's details, the list of heirs, and the estimated date-of-death value of assets in the decedent's name alone.
SourceCourt Appearances
Criminal and civil terms begin the Tuesday after the third Monday of January and the third Monday of March, May, July, September and November.
SourceRecords Access
Recording hours are 8:00 a.m. to 3:30 p.m., Monday through Friday.
SourceWhat 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 Chesterfield County
In Virginia a death is registered locally, and in Chesterfield County certified copies of the death certificate are issued by Chesterfield Health District, Chesterfield & Colonial Heights Health Department as well as by Virginia Department of Health - Office of Vital Records.
Vital Records Office Record
Local Health Department
Chesterfield County · Chesterfield Health District, Chesterfield & Colonial Heights Health Department
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
9501 Lucy Corr Circle, Chesterfield, VA 23832
Website
P.O. Box 100
Chesterfield, VA 23832
Local rule
- Applications are submitted in person between 8:00 a.m. and 4:00 p.m. on weekdays. Records go only to the mother, father, husband, wife, child, brother, sister or grandparent with a valid ID.
Certified copy fees
| First certified copy | $15 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
State Medical Examiner
Chesterfield County · Office of the Chief Medical Examiner, Central District
Phone
Office
8850 Times Dispatch Boulevard, Suite 200, Mechanicsville, VA 23116
Website
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 Chesterfield 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 Chesterfield County are recorded with the Clerk of the Circuit Court at 9500 Courthouse Road, 1st Floor, Chesterfield, VA 23832. Phone: 1-804-748-1241. Hours: Monday-Friday 8:00 AM-4:00 PM.
Documents submitted by mail go to P.O. Box 125, Chesterfield, VA 23832.
The Clerk of the Circuit Court charges $26 for 1-10 pages, $40 for 11-30 pages, $60 for 31+ pages.
Chesterfield County accepts electronic recording through Simplifile, CSC and ePN.
Recording Office Record
Clerk of the Circuit Court
Chesterfield County
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
9500 Courthouse Road, 1st Floor, Chesterfield, VA 23832
Website
E-recording
P.O. Box 125
Chesterfield, VA 23832
Fax
1-804-796-5625
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 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
Probate Attorneys Serving Chesterfield County
Virginia uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Chesterfield 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 Chesterfield 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.
Richmond firm serving the metro area and Williamsburg, representing executors, trustees, administrators, and personal representatives through Virginia probate. Handles estate and trust administration, will and trust contests and fiduciary litigation, guardianships and conservatorships, and estate and tax planning. In practice since 1977.
Colonial Heights firm serving the Tri-Cities region — Petersburg and Hopewell — since 1982. Handles wills and estate planning, estate administration, and guardianship matters alongside its litigation practice. Offers flexible appointment scheduling and a service-member discount.
Midlothian firm working the Chesterfield County circuit court and Commissioner of Accounts. It administers both probate and non-probate estates — qualifying executors, administrators, and trustees, marshalling assets, and carrying trust administration through to distribution — alongside guardianship and conservatorship petitions for incapacitated relatives.
Downtown Richmond solo practice on East Broad Street handling estate settlement across the city and neighboring counties. Guides executors and administrators through their duties — transferring assets, balancing beneficiary and creditor claims, and closing the estate — with more than twenty years of Richmond-area estate work.
Henrico firm, with a Williamsburg office, serving the greater Richmond region within roughly 90 minutes of the city. Estate-side work covers estate planning, elder law and asset protection, and estate and fiduciary litigation, alongside family law. Offers fixed fees quoted in advance, free consultations, and estate-planning workshops held online or in person.
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.
Legal Sources
(8)·
- Va. Code § 17.1-275(A)(3)
- Va. Code § 64.2-1208(A) (commissioner of accounts allows reasonable compensation; no statutory percentage)
- 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)
- Va. Code §§ 64.2-508.1, 64.2-528, 64.2-529, 64.2-550, 64.2-552, 64.2-556
- 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
- Chesterfield County Circuit Court, official page
- Chesterfield County Clerk of the Circuit Court, official page
- Chesterfield County vital records and death investigation offices, official page
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
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