Probate in Montgomery County runs through the Circuit Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Montgomery County, settling their estate runs through the Circuit Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Montgomery County · 27th Judicial Circuit
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Verified July 5, 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 Montgomery County, probate runs through the Circuit Court at 55 East Main Street, Suite 1, Christiansburg. The court sits in the 27th 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. The 6 monthsVa. Code §§ 64.2-554, 64.2-556(A) (six months from qualification before distribution may be compelled or ordered over creditors), 64.2-508.1(C)(4) (elective published notice: claims due at least six months from first publication); § 64.2-529 (separate 12-month personal-liability shield for the personal representative); § 64.2-550 (debts-and-demands hearing before the commissioner of accounts)Verified Sep 9, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What probate costs in Montgomery 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 55 East Main Street, Suite 1, Christiansburg. The court is part of the 27th Judicial Circuit.
Probate matters are handled through the Probate Division. Filing and payment go through these offices, not the main clerk window.
Virginia charges $0 - $30 (based on estate value)Va. Code § 17.1-275(A)(3)Verified Sep 9, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
The Circuit Court accepts e-filing (https://www.vacourts.gov/online/vjefs/home). Paper filing remains available for self-represented filers.
Estimate the costs for this estate:
Attorney fees in Virginia are negotiated, typically 2.5%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)Verified Sep 9, 2026View source to 3.9%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)Verified Sep 9, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 9, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 9, 2026View source of estate value. 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%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 documents in Montgomery County can be filed in person at the Circuit Court, by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available. The court sits in the 27th Judicial Circuit.
Filings here are routed through the Probate Division. Confirm with the office which intake handles the petition type you're filing.
How to File Your Documents
You can file your probate documents in person at the court or by mail.
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationNot every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Circuit Court is realistic.
For a full cost comparison and filing checklist, see the Montgomery County Self-Filing Assessment.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Court terms begin 2nd Tuesday of January, April, July, and October. All proceedings begin at 9:00 AM.
SourceThis county uses specific forms in addition to state-standard forms. Using the correct forms helps avoid delays or rejected filings.
Pre-appointment checklist and information form for opening a decedent's estate.
Before You Go
An appointment is required to file in person. Probate of estates is by appointment only. Call 540-382-5760 extension 7, option #4 to schedule after gathering the original will, death certificate, list of assets solely in the decedent's name, and list of heirs.
To file at the Circuit Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
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 Circuit Court.
Deeds and other real property documents for Montgomery County are recorded with the Clerk of Circuit Court, led by Clerk Tiffany M. Couch, at 55 East Main Street, Suite 1, Christiansburg, VA 24073. Phone: 540-382-5760. Hours: 8:30AM - 4:30PM.
The Clerk of Circuit Court charges $26 for 1-10 pages, $40 for 11-30 pages, $60 for 31+ pages.
Montgomery County accepts electronic recording through Simplifile, CSC, ePN.
Recording Office Record
Montgomery County · Clerk · Tiffany M. Couch
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E-recording
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 FeeRequired with most deeds | $1 |
| Deed Processing Fee | $20 |
| Paper-Filing Fee (clerks offering electronic land-record filing) | Up to $5.00 per instrument |
| Transfer tax on a TOD deed | Exempt |
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 2002-2010 Appropriations Act Sec. 3-6.01
Verified September 9, 2026 · Source
Virginia uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Montgomery 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 — typically 2.5%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)Verified Sep 9, 2026View source to 3.9%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)Verified Sep 9, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Montgomery 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.
FirmRoanoke, VA
Roanoke firm serving Southwest Virginia with a practice limited to estate planning and elder law. Handles estate and trust administration, probate, guardianship and conservatorship, asset protection, and Medicaid planning. Offers a free consultation.
PracticesEstate PlanningTrust AdministrationElder LawSpecial Needs Planningand 2 more
FirmRoanoke, VA
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.
PracticesEstate PlanningEstate AdministrationTrust AdministrationProbate Litigationand 2 more
Solo PracticeRadford, VA
Solo estate and probate firm in Radford serving the New River Valley and broader Southwest Virginia, including Pulaski, Montgomery, and Roanoke. Handles wills, trusts, powers of attorney, and estate administration and probate representation. Attorney Ryan Pry has drafted more than 750 wills and trusts since 2007 and makes home visits for clients who cannot travel to Radford.
PracticesEstate PlanningElder LawGuardianshipSpecial Needs Planningand 4 more
Solo PracticeBlacksburg, VA
Estate-planning and elder-law firm in Blacksburg serving the New River and Roanoke Valleys, including Christiansburg and Montgomery County. Handles wills, trusts, and estate and trust administration for named executors and administrators, guardianship, and Medicaid and long-term-care planning. Led by attorney Brian T. Mack, a Washington & Lee Law graduate.
PracticesEstate PlanningTrust AdministrationElder LawGuardianshipand 3 more
Solo PracticeLexington, VA
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.
PracticesEstate PlanningTrust AdministrationTax PlanningProbate AdministrationWills Trusts
FirmDanville, VA
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.
PracticesEstate PlanningTrust AdministrationElder LawConservatorshipand 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. How we research.
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Vehicles, jewelry, collectibles, etc.
Mortgages, credit cards, loans, etc.
Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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This tool provides general information about self-filing probate and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.
Step-by-step tools for families in Montgomery County, Virginia.
Get a personalized plan for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.
Get a personalized plan for settling a trust after the grantor passes away. Covers beneficiary notification, asset transfers, creditor handling, taxes, and distributions.
Get a score-based recommendation on whether self-filing probate is right for your situation. See estimated savings vs. hiring an attorney and get a step-by-step checklist.
Browse vetted Virginia attorneys handling probate matters.
