Appointment requiredAppointments are required to probate wills. The Check List and Appointment Application goes to the Probate Division before the appointment is set by calling 540-955-5116, and fees and taxes are due on the day of the appointment.
Accepted payment
At the counterCash, Check.The probate tax and fees are paid at the appointment in cash or by check.
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 Clarke County, probate runs through the Circuit Court at 102 North Church Street, Berryville. The court sits in the 26th 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 Clarke County
What probate costs in Clarke 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 102 North Church Street, Berryville. The court is part of the 26th 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 Clarke County are filed at the Circuit Court. File in person during business hours or by mail. The court sits in the 26th 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.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Document Requirements
The checklist asks for the original will and codicils (kept by the clerk), a certified copy of the death certificate (not returned), the approximate value of solely held assets, the names, ages and addresses of the heirs at law, and valid photo identification.
A personal representative who is not a Virginia resident brings a Virginia resident to the appointment, and a named executor who will not serve completes a waiver of qualification beforehand.
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 Clarke County
In Virginia a death is registered locally, and in Clarke County certified copies of the death certificate are issued by Lord Fairfax Health District, Clarke County Health Department as well as by Virginia Department of Health - Office of Vital Records.
Vital Records Office Record
Local Health Department
Clarke County · Lord Fairfax Health District, Clarke County Health Department
A death certificate filed less than 30 days ago is issued only by the health department of the city or county where it was filed. A valid ID is required for any vital record.
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 Clarke County are recorded with the Clerk of the Circuit Court at 102 North Church Street, Berryville, VA 22611. Phone: 1-540-955-5116. Hours: Monday-Friday 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.
Virginia uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Clarke 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 Clarke 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.
Estate-planning and elder-law firm in Winchester serving Northern Virginia and the Shenandoah Valley, with branch offices in Strasburg, Woodstock, Front Royal, and Manassas. Handles estate administration for first-time executors, probate, wills and trusts, powers of attorney, guardianship, special-needs trusts, and Medicaid planning. Offers free and virtual consultations.
PracticesEstate PlanningElder LawMedical DirectivesPowers Of AttorneyWills Trusts
Leesburg firm one block from the probate office and across from the courthouse, serving Loudoun County and Northern Virginia. Handles probate and trust administration, trust drafting and funding (including farmland and real-property trusts), generational property transfers, and ongoing trust management. Three attorneys with more than 50 years of combined experience.
PracticesEstate PlanningTrust AdministrationProbateTax Planningand 2 more
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
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
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
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.
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.
Enter the estate value to see Virginia attorney fees, executor fees, court costs and the timeline.
Examples:
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.
$
See whether you can file probate yourself
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.
