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.
What to Do When Someone Dies in Montgomery County, Virginia
How probate works in Montgomery County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Montgomery County Circuit Court
Montgomery County · 27th Judicial Circuit
Phone
1-540-382-5760 (ext. 7, then option 4)
Hours
Monday-Friday 8:30 AM-4:30 PM
Office
55 East Main Street, Christiansburg, VA 24073
Website
Files probate
Probate Division
Filing in person
Appointment required
Self-represented filing
Allowed
Self-help forms
Filing in person
Appointment requiredProbate of estates is by appointment only. Once the information on the clerk's Probate Information Form is gathered (the original will, the death certificate, the assets solely in the decedent's name and the heirs), the appointment is made by calling 540-382-5760, extension 7, option 4.
Self-represented filing
AllowedThe clerk's Probate Information Form asks for the decedent's assets and values, whether there is a will, the living heirs in order of kinship, and a copy of the will and death certificate.
County forms
- Probate Information FormThe clerk's pre-appointment worksheet of the decedent's assets, the will and the living heirs
Departments
- Probate Division1-540-382-5760 · Takes probate filings · (ext. 7, then option 4)
- Land Records1-540-382-5760 · (ext. 7, then option 5)
- Civil Division1-540-382-5760 · (ext. 7, then option 3)
Verified October 16, 2026 · Source
How Probate Works in Montgomery 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 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. 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 Montgomery County
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.
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 Montgomery 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 27th 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 Montgomery County Self-Filing Assessment.
Montgomery 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 second Tuesday of January, April, July and October, and proceedings begin at 9:00 a.m. unless the judge sets another hour.
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 Montgomery County
In Virginia a death is registered locally, and in Montgomery County certified copies of the death certificate are issued by New River Health District, Montgomery County Health Department (District Office) as well as by Virginia Department of Health - Office of Vital Records.
Vital Records Office Record
Local Health Department
Montgomery County · New River Health District, Montgomery County Health Department (District Office)
Phone
Office
210 South Pepper Street, Suite A, Christiansburg, VA 24073
Website
Fax
1-540-381-7104
Local rule
- The county health department issues copies of death certificates to authorized persons on request.
Certified copy fees
| First certified copy | $15 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
State Medical Examiner
Montgomery 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 Montgomery 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 Montgomery County are recorded with the Clerk of the Circuit Court at 55 East Main Street, Suite 1, Christiansburg, VA 24073. Phone: 1-540-382-5760. Hours: Monday-Friday 8:30 AM-4:30 PM.
The Clerk of the 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 and ePN.
Recording Office Record
Clerk of the Circuit Court
Montgomery County
Phone
1-540-382-5760 (option 7, then option 5 for land records)
Hours
Monday-Friday 8:30 AM-4:30 PM
Office
55 East Main Street, Suite 1, Christiansburg, VA 24073
Website
E-recording
Fax
1-540-394-3104
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 Montgomery County
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, 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.
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.
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.
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.
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.
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
- Montgomery County Circuit Court, official page
- Montgomery County Clerk of the Circuit Court, official page
- Montgomery 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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