What to Do When Someone Dies in Virginia Beach City, Virginia

Probate in Virginia Beach City 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 Virginia Beach City, 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

Circuit Court

Virginia Beach City · 2nd Judicial Circuit

Address

2425 Nimmo Parkway, Building 10, 3rd FloorVirginia Beach, VA 23456

Hours

8:30AM - 4:00PM
Visit court website →
Paper filing availableE-filing optionalAppointment requiredSelf-filing allowed

Departments

  • Probate/Wills757/385-8831
  • Civil Division757/385-4186
  • Criminal Division757/385-4187
  • Land Records757/385-8821

Verified July 5, 2026 · Source

How Probate Works in Virginia Beach City

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 Virginia Beach City, probate runs through the Circuit Court at 2425 Nimmo Parkway, Building 10, 3rd Floor, Virginia Beach. The court sits in the 2nd 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 Virginia Beach City

What probate costs in Virginia Beach 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 2425 Nimmo Parkway, Building 10, 3rd Floor, Virginia Beach. The court is part of the 2nd Judicial Circuit.

Probate matters are handled through Probate/Wills, Civil Division, Criminal Division, and Land Records. Filing and payment go through these offices, not the main clerk window.

Local procedures at this court that affect cost: Copy fees: $0.50 per sheet of paper and $2.00 per certification. These are county-specific and not posted on the statewide court site.

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.

How to File Probate at the Circuit Court

Probate documents in Virginia Beach City 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 2nd Judicial Circuit.

Filings here are routed through Probate/Wills, Civil Division, Criminal Division, and Land Records. Confirm with the office which intake handles the petition type you're filing.

How to File Your Documents

Paper Filing Available

You can file your probate documents in person at the court or by mail.

E-Filing Also Available

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 Information

Can You File Without an Attorney?

Not 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 Virginia Beach City Self-Filing Assessment.

Virginia Beach City Filing Requirements

These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.

Before You File

Civil appeal trial dates set by the Clerk's Office. Cases arranged via docket call or outside agreement.

Source

Self-addressed stamped envelope required for document return by mail.

Source

Document Requirements

One complimentary certified copy of final divorce decree provided to complainant or counsel.

Source

Court Appearances

Court terms begin the first Monday of each month (or next business day if Monday is a holiday). Court convenes at 9:30 a.m.

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Grand Juries convene on the 1st and 3rd Monday of each month (adjusted if holiday).

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Motions Day is Friday at 9:30 a.m., with a daily duty judge docket.

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Arraignments held Monday through Friday at 9:30 a.m.

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Other Requirements

Commissioners in Chancery handle certain matters. Divorce and civil case procedure manuals available online.

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Before You Go

Appointment required

An appointment is required to file in person. An appointment must be made with the clerk or a deputy clerk before probating a will. Call the Probate/Wills Division at 757-385-8831. Bring the original will, a copy of the death certificate, and an accurate list of the decedent's assets and their values. The deputy clerks give specific instructions on what is needed at the time of probate.

What to Bring

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.

Transferring Property in Virginia Beach City

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 Virginia Beach City are recorded with the Clerk of Circuit Court, led by Clerk Tina E. Sinnen, at 2425 Nimmo Parkway, Building 10 & 10B, 3rd Floor, Virginia Beach, VA 23456. Phone: 757-385-4181. Hours: 8:30AM - 4:00PM.

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

Virginia Beach City accepts electronic recording through CSC.

Recording Office Record

Clerk of Circuit Court

Virginia Beach City · Clerk · Tina E. Sinnen

Address

2425 Nimmo Parkway, Building 10 & 10B, 3rd FloorVirginia Beach, VA 23456

Hours

8:30AM - 4:00PM

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

Verified September 9, 2026 · Source

Probate Attorneys Serving Virginia Beach City

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

FirmVirginia Beach, VA

Alperin Law

Serves 5 counties

Estate planning and elder law firm in Virginia Beach serving families across Hampton Roads, with offices in Norfolk, Newport News, Suffolk, and Chesapeake. Handles estate and trust administration, probate, asset protection, Medicaid and long-term-care planning, special-needs planning, and veterans benefits. Offers a free initial consultation.

PracticesEstate PlanningTrust AdministrationElder LawMedicaid Planningand 2 more

Office
500 Viking Drive, Suite 202Virginia Beach, VA 23452
Free consultation

Solo PracticeChesapeake, VA

Dominic P. Lascara, PLC

Since 2007 · Serves 5 counties

Chesapeake firm serving the Hampton Roads cities, handling probate and estate administration for families settling estates. Drafts wills and trusts, nominates guardians and executors, and provides elder-law services including Medicaid planning, durable powers of attorney, and advance directives. Solo practice with nearly three decades of experience.

PracticesEstate PlanningElder LawProbate AdministrationWills Trusts

Office
652 Independence Parkway, Suite 120Chesapeake, VA 23320

FirmVirginia Beach, VA

J.S. Burton, PLC

Serves 4 counties

Virginia Beach boutique estate firm, with offices in Williamsburg and McLean, serving eastern Virginia and the DC area. Handles trust and probate administration, estate planning, elder law, asset protection, and charitable-entity work for families across generations. Offers a free consultation.

PracticesEstate PlanningTrust AdministrationElder LawAsset Protectionand 2 more

Office
477 Viking Drive, Suite 410Virginia Beach, VA 23452
Free consultation

FirmVirginia Beach, VA

Oast & Taylor, PLC

Since 1915 · Serves 5 counties

Virginia Beach elder-law and estate firm with offices across Coastal Virginia (Portsmouth, Chesapeake) and northeastern North Carolina, with roots in the Oast family's Portsmouth practice of 1915. Handles estate and trust administration, guardianships and conservatorships, fiduciary litigation, and Medicaid asset protection. Offers in-home consultations for clients with limited mobility.

PracticesEstate PlanningTrust AdministrationElder LawGuardianshipand 2 more

Office
277 Bendix Road, Suite 240Virginia Beach, VA 23452

FirmVirginia Beach, VA

Pender & Coward, PC

Since 1889 · Serves 6 counties

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 AdministrationTax PlanningProbate AdministrationWills Trusts

Office
222 Central Park Avenue, Suite 400Virginia Beach, VA 23462

FirmChesapeake, VA

Shannon & Associates, P.C.

Serves 6 counties

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

Office
840 Greenbrier Circle, Suite 202Chesapeake, VA 23320
See all 14 firms serving Virginia Beach City→

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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Legal Sources

Data sourced from Virginia statutes and official state code. How we research.