Estate Planning for Southampton County, Virginia Property Owners

For most Southampton County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.

Record a TOD deedWhere to recordLocal attorneys

For a Southampton County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Circuit Court. The two tools that keep a Southampton County home out of probate are a transfer-on-death deed recorded with the Clerk of Circuit Court, and a revocable living trust that holds title to the property.

Without a recorded beneficiary designation or a trust, Southampton County property passes through the Circuit Court — even simple Virginia probates run 6+ months. Virginia also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.

Record a Transfer-on-Death Deed in Southampton County

A transfer on death deed names a beneficiary who receives Southampton County property automatically at the owner's death, without probate. It is recorded with the Clerk of Circuit Court during the owner's lifetime and can be revoked at any time.

Before recording, a Virginia transfer on death deed is signed with notary acknowledgmentVa. Code 64.2-621 to 64.2-638Verified Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathVa. Code 64.2-621 to 64.2-638Verified Aug 24, 2026View source.

Create a VirginiaTOD deed →Southampton Countysigning requirements →

Where to Record Property Documents

Deeds and other real property documents for Southampton County are recorded with the Clerk of Circuit Court, led by Clerk Richard L. Francis, at 22350 Main Street, Courtland, VA 23837. Phone: 757-653-2200. Hours: 8:00AM - 4:30PM.

The Clerk of Circuit Court charges $26 for 1-10 pages, $40 for 11-30 pages, $60 for 31+ pages. A 2-page transfer on death deed is $29 in recording fees plus the $3 Open-Space Preservation Fee (Virginia Outdoors Foundation), before any required forms the office charges for. A transfer on death deed is exempt from transfer tax.

Southampton County accepts electronic recording through CSC.

Recording Office Record

Clerk of Circuit Court

Southampton County · Clerk · Richard L. Francis

Address

22350 Main StreetCourtland, VA 23837

Fax

757-653-2547

Hours

8:00AM - 4:30PM

E-recording

Available via CSCE-recording info →

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 deedExempt

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

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Verified September 9, 2026 · Source

Estate Planning Attorneys Serving Southampton County

FirmSmithfield, VA

Riddick & Pope, PC

Serves 3 counties

Smithfield firm serving Isle of Wight County and the wider Hampton Roads area since 1986. Handles wills and estate planning plus estate-related civil litigation, including contested wills and estates. Partner Bill Riddick has served as Commissioner of Accounts for Isle of Wight County for more than 25 years, giving the firm direct familiarity with local probate administration.

PracticesEstate PlanningProbate AdministrationWills Trusts

Office
353 Main StreetSmithfield, VA 23430
Free consultation

FirmVirginia Beach, VA

Hook Law Center

Since 1984

Virginia Beach elder-law and estate firm (formerly Oast & Hook) serving Hampton Roads and northeastern North Carolina, with offices in Suffolk and Chesapeake. Handles estate and trust administration, fiduciary services, guardianship and conservatorship, Medicaid and long-term-care asset protection, and special-needs planning. Pairs estate administration with elder-law and public-benefits planning.

PracticesEstate PlanningTrust AdministrationElder LawGuardianshipand 2 more

Office
295 Bendix Road, Suite 170Virginia Beach, VA 23452

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 AdministrationAsset ProtectionPowers Of Attorneyand 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 PlanningElder LawMedical DirectivesPowers Of Attorneyand 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.

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