Roanoke firm on Franklin Road serving the Roanoke and New River Valleys and the surrounding counties. Guides personal representatives through probate and estate administration — asset gathering, creditor notification, and distribution to heirs — and handles will contests, beneficiary-status determinations, and accounting disputes.
What to Do When Someone Dies in Franklin County, Virginia
How probate works in Franklin County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Franklin County Circuit Court
Franklin County · 22nd Judicial Circuit
Phone
Hours
Monday-Friday 8:30 AM-4:30 PM
Office
275 South Main Street, Suite 212, Rocky Mount, VA 24151
Website
Self-represented filing
Allowed
Self-help forms
Mail and offices
P.O. Box 567
Rocky Mount, VA 24151
Fax
1-540-483-3042
Verified October 16, 2026 · Source
How Probate Works in Franklin 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 Franklin County, probate runs through the Circuit Court at 275 South Main Street, Suite 212, Rocky Mount. The court sits in the 22nd Judicial Circuit. Franklin County shares the 22nd Judicial Circuit with Pittsylvania and Danville.
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 Franklin County
What probate costs in Franklin 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 275 South Main Street, Suite 212, Rocky Mount. The court is part of the 22nd 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 Franklin County are filed at the Circuit Court. File in person during business hours or by mail. The court sits in the 22nd 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 Franklin County Self-Filing Assessment.
Franklin County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Court Appearances
Court terms begin the 1st Monday of February, April, June, August, October, and December. Civil cases are set 90 days after filing.
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 Franklin County
In Virginia a death is registered locally, and in Franklin County certified copies of the death certificate are issued by West Piedmont Health District, Franklin County Health Department as well as by Virginia Department of Health - Office of Vital Records.
Vital Records Office Record
Local Health Department
Franklin County · West Piedmont Health District, Franklin County Health Department
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
365 Pell Avenue, Rocky Mount, VA 24151
Website
P.O. Box 249
Rocky Mount, VA 24151
Fax
1-540-484-0314
Local rule
- Health department staff search for and issue certified copies in person only. Records go only to parents, the current spouse, adult children, siblings and grandparents, with identification.
Certified copy fees
| First certified copy | $15 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
State Medical Examiner
Franklin County · Office of the Chief Medical Examiner, Western District
Phone
Office
6600 Northside High School Road, Roanoke, VA 24019
Website
Serves this county
Office of the Chief Medical Examiner (Western District)
Mail and offices
Fax
1-540-561-6619
Verified November 2, 2026 · Source
Transferring Property in Franklin 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 Franklin County are recorded with the Clerk of the Circuit Court at 275 South Main Street, Suite 212, Rocky Mount, VA 24151. Phone: 1-540-483-3065. Hours: Monday-Friday 8:30 AM-4:30 PM.
Documents submitted by mail go to P.O. Box 567, Rocky Mount, VA 24151.
The Clerk of the Circuit Court charges $26 for 1-10 pages, $40 for 11-30 pages, $60 for 31+ pages.
Franklin County accepts electronic recording through CSC.
Recording Office Record
Clerk of the Circuit Court
Franklin County
Phone
Hours
Monday-Friday 8:30 AM-4:30 PM
Office
275 South Main Street, Suite 212, Rocky Mount, VA 24151
Website
E-recording
P.O. Box 567
Rocky Mount, VA 24151
Fax
1-540-483-3042
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 Franklin County
Virginia uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Franklin 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 Franklin 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.
Roanoke firm serving clients throughout Southwest Virginia in estate, tax, trust, and elder law. Handles estate and trust administration, revocable living trusts and wills, special-needs trusts, guardianships, and fiduciary advising for executors and trustees. Partner Mark W. Dellinger was named a Virginia Super Lawyer in elder law.
Lexington firm, with a second office in the Roanoke area, serving Rockbridge County and the greater Roanoke region. Focuses on probate-avoidance estate planning — revocable living trusts to hold and distribute assets privately — plus wills and trust administration. Offers a free 15-minute consultation.
Danville firm serving Southside Virginia through the local circuit courts, with a second office in Lynchburg. Handles estate and trust administration, probate, guardianship and conservatorship, and Medicaid asset-protection planning for aging clients. Attorney Robert W. Haley is a Certified Elder Law Attorney, and the firm offers phone and video consultations.
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.
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.
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
- Franklin County Circuit Court, official page
- Franklin County Clerk of the Circuit Court, official page
- Franklin 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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