What to Do When Someone Dies in Madison County, Virginia

How probate works in Madison County: the Circuit Court record, what the process costs, and how to file there.

Probate Court Record

Madison County Circuit Court

Madison County · 16th Judicial Circuit

Hours

Monday-Friday 8:30 AM-4:30 PM

Office

1 Main Street, Madison, VA 22727

Filing in person

Appointment required

Self-represented filing

Allowed

Self-help forms

Filing in person

Appointment requiredProbate and qualification are by appointment. The clerk's Information Needed for Opening an Estate form goes to the clerk's office by mail or by hand with the death certificate, the original will, the list of heirs and beneficiaries, the probate information form and the list of assets; the office then calls to set the appointment.

Verified October 16, 2026 · Source

How Probate Works in Madison 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 Madison County, probate runs through the Circuit Court at 1 Main Street, Madison. The court sits in the 16th 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 Madison County

What probate costs in Madison 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 1 Main Street, Madison. The court is part of the 16th Judicial Circuit.

Procedures at this court that affect cost: The probate tax and costs are paid at the appointment, and the clerk's office gives an estimate beforehand on request.

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 Madison County are filed at the Circuit Court. File in person during business hours or by mail. The court sits in the 16th 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 Madison County Self-Filing Assessment.

Madison 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 clerk asks for the original will and any codicils, a certified copy of the death certificate, date-of-death values of solely held assets and Virginia real estate, the names, ages and addresses of the heirs at law, valid photo identification and the completed probate information form.

Source

Court Appearances

Court terms begin the first Monday of January, March, May, July, September and November. Term day cases are heard at 9:30 a.m. (criminal) and 11:00 a.m. (civil); motion day is the second Wednesday at 9:00 a.m. (criminal) and 1:30 p.m. (civil).

Source

Records Access

The clerk no longer accepts wills for safekeeping, by court order entered December 18, 2024 and effective January 1, 2025.

Source

What 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 Madison County

In Virginia a death is registered locally, and in Madison County certified copies of the death certificate are issued by Rappahannock-Rapidan Health District, Madison County Health Department as well as by Virginia Department of Health - Office of Vital Records.

Vital Records Office Record

Local Health Department

Madison County · Rappahannock-Rapidan Health District, Madison County Health Department

Hours

Monday-Wednesday 8:00 AM-4:30 PM; Thursday 8:00 AM-1:00 PM; Friday 8:00 AM-4:30 PM

Office

1480 North Main Street, Suite A, Madison, VA 22727

Certified copies

At the counter

Fax

1-540-948-3841

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

State Medical Examiner

Madison County · Office of the Chief Medical Examiner, Northern District

Office

10850 Pyramid Place, Suite 121, Manassas, VA 20110

Serves this county

Office of the Chief Medical Examiner (Northern District)

Mail and offices

Fax

1-703-530-0510

Verified November 2, 2026 · Source

Transferring Property in Madison 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 Madison County are recorded with the Clerk of the Circuit Court at 1 Main Street, Madison, VA 22727. Phone: 1-540-948-6888. Hours: Monday-Friday 8:30 AM-4:30 PM.

Documents submitted by mail go to P.O. Box 220, Madison, VA 22727.

The Clerk of the Circuit Court charges $26 for 1-10 pages, $40 for 11-30 pages, $60 for 31+ pages.

Madison County accepts electronic recording through Simplifile and CSC.

Recording Office Record

Clerk of the Circuit Court

Madison County

Hours

Monday-Friday 8:30 AM-4:30 PM

Office

1 Main Street, Madison, VA 22727

Mail

P.O. Box 220 Madison, VA 22727

Fax

1-540-948-3759

Verified October 17, 2026 · Source

Probate Attorneys Serving Madison County

Virginia uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Madison 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 Madison 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.

FirmCulpeper, VA

Davies, Barrell, Will, Lewellyn & Edwards, PLC

Serves 4 counties

Culpeper firm on West Cameron Street working the Culpeper-area circuit courts and Commissioner of Accounts. On the settlement side it counsels executors, administrators, and trustees through their fiduciary duties — paying debts, distributing assets, and appearing at the proceedings that close the estate. More than 45 years in the local Piedmont courts.

PracticesEstate PlanningTrust AdministrationProbateTax PlanningWills Trusts

Office
122 West Cameron StreetCulpeper, VA 22701

FirmCulpeper, VA

Estate Law Center, PLLC

Serves 5 counties

Estate-focused firm in Culpeper serving Culpeper, Fauquier, Orange, Madison, and Rappahannock counties. Handles wills and trusts, powers of attorney and advance directives, probate and estate administration, elder law, and guardianship and conservatorship. Attorney Katherine S. Breckenridge concentrates her practice on estate planning and elder law.

PracticesEstate PlanningProbateElder LawGuardianshipand 3 more

Office
219 East Davis Street, Suite 320Culpeper, VA 22701

FirmYorktown, VA

TrustBuilders Law Group

Since 1978 · Serves 7 counties

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

Office
914 Denbigh BoulevardYorktown, VA 23692
Free consultation

FirmFredericksburg, VA

Carrell Blanton Ferris & Associates, PLC

Serves the whole state

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

FirmWilliamsburg, VA

Johnson, Gasink & Baxter, LLP

Since 2009 · Serves the whole state

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

Office
1100 Professional DriveWilliamsburg, VA 23185
Free consultation

FirmCharlottesville, VA

MartinWren, P.C.

Serves the whole state

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
Free 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.

SimplyTrustSimplyTrust Editorial·

Legal Sources

Show 3 more sources

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

Browse vetted Virginia attorneys handling probate matters.

Browse firms

All Virginia tools