How probate works in Hampton City: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Hampton City · 8th Judicial Circuit
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Verified October 16, 2026 · Source
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 Hampton City, probate runs through the Circuit Court at 237 North King Street, Hampton. The court sits in the 8th 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 Hampton 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 237 North King Street, Hampton. The court is part of the 8th 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.
Probate cases in Hampton City are filed at the Circuit Court. File in person during business hours or by mail. The court sits in the 8th Judicial Circuit.
Beside the filing office, the court lists a separate line for Criminal Division.
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 Hampton City Self-Filing Assessment.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
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.
In Virginia a death is registered locally, and in Hampton City certified copies of the death certificate are issued by Hampton Health District, Hampton Health Center (Victoria Center), Hampton City as well as by Virginia Department of Health - Office of Vital Records.
Vital Records Office Record
Hampton City · Hampton Health District, Hampton Health Center (Victoria Center)
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| First certified copy | $15 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Hampton City · Office of the Chief Medical Examiner, Tidewater District
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Verified November 2, 2026 · Source
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 Hampton City are recorded with the Clerk of the Circuit Court at 237 North King Street, Hampton, VA 23669. Phone: 1-757-727-6105. Hours: 8:30 AM-4:00 PM.
Documents submitted by mail go to P.O. Box 40, Hampton, VA 23669.
The Clerk of the Circuit Court charges $26 for 1-10 pages, $40 for 11-30 pages, $60 for 31+ pages.
Hampton City accepts electronic recording through CSC.
Recording Office Record
Hampton City
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| 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
Virginia uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Hampton 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, billed hourly or as a flat fee. Ask a Hampton 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.
FirmNewport News, VA
Newport News firm serving the Hampton Roads region — Newport News, Hampton, Chesapeake, and Gloucester — and the surrounding circuit courts. Handles wills, trusts and estates, and probate alongside civil litigation and real estate. Attorney James A. Carter II concentrates in wills, trusts, estates, and probate.
PracticesEstate PlanningProbateWills Trusts
FirmVirginia Beach, VA
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 AdministrationProbateTax PlanningWills Trusts
FirmNewport News, VA
Newport News firm serving the Virginia Peninsula, with probate and administration as one of its two named practices. Guides executors and administrators through qualification, estate accounting, and distribution, and runs a standing probate and administration workshop for families new to the process. Offers a complimentary consultation.
PracticesEstate PlanningTrust AdministrationProbateElder LawWills Trusts
FirmChesapeake, VA
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
FirmWilliamsburg, VA
Williamsburg estate and elder-law firm serving the Virginia Peninsula, including Newport News, Yorktown, and York County. Founder Helena S. Mock and the firm handle probate, estate and trust administration, will and trust drafting, and Medicaid and VA-benefits planning. Mock is a Certified and Accredited Estate Planner and is accredited by the VA to assist veterans with benefits.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 3 more
FirmYorktown, VA
Peninsula firm headquartered in Yorktown, with offices in Virginia Beach, Williamsburg, and Saluda, serving the greater Tidewater region. Handles probate and estate administration, trust administration, Medicaid and elder-law matters, and special-needs and estate-tax planning. Established 1978, and offers a free case consultation.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 4 more
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.
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.
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.
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.
In Virginia, informal probate is not available, so self-filing means a formal court petition rather than a registrar filing.
Browse vetted Virginia attorneys handling probate matters.
Each institution has a separate death claim process. Find yours below.
Get a complete guide for your specific circumstances.
Enter the estate value to see Virginia attorney fees, executor fees, court costs and the timeline.
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.
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.
