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.
What to Do When Someone Dies in Virginia Beach City, Virginia
How probate works in Virginia Beach City: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Virginia Beach City Circuit Court
Virginia Beach City · 2nd Judicial Circuit
Phone
Hours
8:30 AM-4:00 PM
Office
2425 Nimmo Parkway, Virginia Beach, VA 23456
Website
Files probate
Probate/Wills Division
Filing in person
Appointment required
Self-represented filing
Allowed
Self-help forms
Filing in person
Appointment requiredProbate is by appointment only, booked with the Probate/Wills Division at 757-385-8831. A deputy clerk says on that call what is needed at the time of probate.
Departments
- Probate/Wills Division1-757-385-8831 · Takes probate filingsProbate appointments are booked through this line.
- Civil Division1-757-385-4186
- Land Records1-757-385-8821
About the court
- The clerk's office is closed on state holidays. A drop box on the court side of the office takes filings, and those in the box by 4:00 p.m. are stamped in the same business day.
Verified October 16, 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 same 2nd Judicial Circuit also serves Accomack and Northampton.
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 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.
Procedures at this court that affect cost: Virginia Beach collects a local probate tax of 33 cents for each $1,000 of the estate's value, beside the state tax of $1 for each $1,000, and recording fees are due at probate.
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 Virginia Beach City are filed at the Probate/Wills Division of the Circuit Court. File in person during business hours or by mail. The court sits in the 2nd 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 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.
Document Requirements
The original will comes to the clerk's office with a copy of the death certificate, and the person offering it or qualifying knows the decedent's assets and their approximate values.
SourceCourt Appearances
Terms begin the first Monday of each month, or the next day when that Monday is a holiday, and court convenes at 9:30 a.m. Motions Day is Friday at 9:30 a.m.
SourceRecords Access
Copies are $0.50 a page and $2.00 for each certification, and a self-addressed stamped envelope is required for copies returned by mail.
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 Virginia Beach City
In Virginia a death is registered locally, and in Virginia Beach City certified copies of the death certificate are issued by Virginia Beach Department of Public Health, Vital Records Office, Virginia Beach City as well as by Virginia Department of Health - Office of Vital Records.
Vital Records Office Record
Local Health Department
Virginia Beach City · Virginia Beach Department of Public Health, Vital Records Office
Phone
Hours
Monday-Friday 8:15 AM-5:00 PM
Office
4452 Corporation Lane, Pembroke Corporate Center III, Virginia Beach, VA 23462
Website
Local rule
- The registrar closes at 4:00 p.m., and no payments or applications are accepted after that time. A death certificate filed less than 30 days ago is issued only by the health department of the city or county where it was filed.
Certified copy fees
| First certified copy | $15 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
State Medical Examiner
Virginia Beach City · Office of the Chief Medical Examiner, Tidewater District
Phone
Office
830 Southampton Avenue, Suite 100, Norfolk, VA 23510
Website
Serves this county
Office of the Chief Medical Examiner (Tidewater District)
Mail and offices
Fax
1-757-683-2589
Verified November 2, 2026 · Source
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 the Circuit Court.
Deeds and other real property documents for Virginia Beach City are recorded with the Clerk of the Circuit Court at 2425 Nimmo Parkway, Building 10 & 10B, 3rd Floor, Virginia Beach, VA 23456. Phone: 1-757-385-8821. Hours: 8:30 AM-4:00 PM.
The Clerk of the 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 the Circuit Court
Virginia Beach City
Phone
Hours
8:30 AM-4:00 PM
Office
2425 Nimmo Parkway, Building 10 & 10B, 3rd Floor, Virginia Beach, VA 23456
Website
E-recording
Fees
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 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, 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.
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.
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.
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.
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.
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.
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
- Virginia Beach City Circuit Court, official page
- Virginia Beach City Clerk of the Circuit Court, official page
- Virginia Beach City 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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Notify Banks & Financial Institutions
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