Arlington firm on Clarendon Boulevard serving Arlington, Alexandria, and Fairfax across Virginia, Maryland, and the District. Its probate, estate, and trust administration practice guides personal representatives and trustees through qualification, asset marshalling, and distribution, alongside will and trust drafting.
What to Do When Someone Dies in Fairfax County, Virginia
How probate works in Fairfax County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Fairfax County Circuit Court
Fairfax County · 19th Judicial Circuit
Phone
1-703-691-7320 (press 3, then press 5, then press 1)
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
Suite 401, 4110 Chain Bridge Road, Fairfax, VA 22030
Website
Files probate
Probate Division
Filing in person
Appointment required
Self-represented filing
Allowed
Self-help forms
Filing in person
Appointment requiredProbate is by appointment with a probate clerk in the Probate Division, Suite 401. Appointments are at 8 a.m., 9 a.m., 10 a.m., 11 a.m., noon and 2:30 p.m. Monday through Thursday, and 8 a.m. and 2:30 p.m. on Fridays, booked at 703-691-7320 (press 3, 5, 1), TTY 711.
Self-represented filing
AllowedThe court's Administration of Estates booklet and its Items Needed for Your Probate Appointment checklist cover what to bring and what follows qualification.
Accepted payment
- At the counterCash, Check, Credit card.Probate tax and fees are paid by cash, check, or Visa or MasterCard, with a 4% service fee on each card transaction. A check carries the payer's name, address and phone number, and starter checks are not accepted.
County forms
- Items Needed for Your Probate AppointmentChecklist of documents and payment to bring to a probate appointment
Departments
- Probate Division1-703-691-7320 · Takes probate filings · Suite 401 · (press 3, then press 5, then press 1)
Verified October 16, 2026 · Source
How Probate Works in Fairfax 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 Fairfax County, probate runs through the Circuit Court at 4110 Chain Bridge Road, Fairfax. The court sits in the 19th Judicial Circuit. Fairfax County shares the 19th Judicial Circuit with Fairfax City.
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 Fairfax County
What probate costs in Fairfax 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 4110 Chain Bridge Road, Fairfax. The court is part of the 19th Judicial Circuit.
Procedures at this court that affect cost: Fiduciary fees are calculated at the probate appointment and are not given over the telephone.
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 Fairfax 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 19th 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 Fairfax County Self-Filing Assessment.
Fairfax County Filing Requirements
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 (returned), the approximate value of solely held assets, the names, ages and addresses of the heirs at law, and valid photo identification.
SourceCourt Appearances
A personal representative who is not a Virginia resident calls the Probate Division at 703-691-7320 (press 3, 5) before the appointment.
SourceCivil term day is 10:00 a.m. on the fourth Monday of every odd month, with an interim civil term day on the fourth Monday of every even month, or the Tuesday when the Monday is a holiday.
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 Fairfax County
In Virginia a death is registered locally, and in Fairfax County certified copies of the death certificate are issued by Health Department, Fairfax County Office of Vital Records as well as by Virginia Department of Health - Office of Vital Records.
Vital Records Office Record
Local Health Department
Fairfax County · Health Department, Fairfax County Office of Vital Records
Phone
Hours
Monday-Friday 8:00 AM-noon and 1:00 PM-4:00 PM
Office
7611 Little River Turnpike, Annandale, VA 22003
Website
Certified copies
At the counter
Local rule
- Certificates are issued by walk-in service at four public health centers in Annandale, Springfield, Reston and Alexandria, which also issue out-of-state transit permits. A search that finds no record is sent to the Virginia Department of Health in Richmond, which mails the certificate if it is located.
Burial and cremation permits
- Issued byHealth Department, Fairfax County Office of Vital Records
Certified copy fees
| First certified copy | $15 |
Verified November 1, 2026 · Source
Coroner or Medical Examiner Record
State Medical Examiner
Fairfax County · Office of the Chief Medical Examiner, Northern District
Phone
Office
10850 Pyramid Place, Suite 121, Manassas, VA 20110
Website
Serves this county
Office of the Chief Medical Examiner (Northern District)
Mail and offices
Fax
1-703-530-0510
Verified November 1, 2026 · Source
Transferring Property in Fairfax 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 Fairfax County are recorded with the Clerk of the Circuit Court at 4110 Chain Bridge Road, Fairfax, VA 22030. Phone: 1-703-246-4111. 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.
Fairfax County accepts electronic recording through Fairfax Circuit Court EFS (Simplifile, CSC and ePN).
Recording Office Record
Clerk of the Circuit Court
Fairfax County
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
4110 Chain Bridge Road, Fairfax, VA 22030
Website
Fax
1-703-273-6564
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 Fairfax County
Virginia uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Fairfax 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 Fairfax 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.
Tysons firm serving Northern Virginia, Maryland, and the District of Columbia. Builds revocable-trust-centered plans and advanced vehicles — special-needs, charitable, and life-insurance trusts — and handles trust and estate administration, financial powers of attorney, and health-care directives. Founder Deborah Cochran has more than three decades in estate and tax planning.
Arlington firm on Wilson Boulevard serving Arlington, Alexandria, and the Northern Virginia courts. Handles probate and trust administration for executors and trustees, alongside guardianship and conservatorship petitions for incapacitated adults and minors. Attorney Kyle Epting has focused on estate planning and probate for fifteen years, and the firm offers a free initial consultation.
Old Town Alexandria firm serving Alexandria, Arlington, Fairfax, Loudoun, and Prince William. Walks executors through the appointed tasks of settling an estate, or handles the probate start to finish, and takes trust administration, guardianship and conservatorship, and contested estates. Also licensed in DC and Maryland, which matters when the estate holds property across the line.
Fairfax firm serving Northern Virginia through the Fairfax County Circuit Court and Commissioner of Accounts since 1980. Handles probate and estate administration for executors and heirs, trust administration, estate and trust disputes and litigation, elder law, and special-needs planning. Provides fixed-price quotes for defined estate matters.
Vienna firm serving Fairfax County and the wider Washington region, licensed in Virginia, Maryland, and the District of Columbia. Estate and trust administration and probate are a named practice, alongside elder law, special-needs planning, and international tax and planning for cross-border estates. Offers a complimentary thirty-minute consultation.
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
- Fairfax County Circuit Court, official page
- Fairfax County Clerk of the Circuit Court, official page
- Fairfax 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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Notify Banks & Financial Institutions
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