How Do I Get Appointed as Executor in Virginia?

In Virginia, the Circuit Court appoints the personal representative and the Clerk of the Circuit Court issues Certificate of Qualification; every appointment goes through the court.

State

Document Type

Getting appointed in Virginia

Personal Representative (executor if testate, administrator if intestate)

The form that opens the estate

CC-1650

Probate Information Form · Fillable PDF · View source

Start this petition for Virginia — the builder fills it with your answers. You review and sign it, then bring it to your qualification appointment.

Where you file

Circuit Court (Clerk of the Circuit Court / probate division)

What the court issues (with a will)

Certificate of Qualification (Letters Testamentary)

issued by Clerk of the Circuit Court

Letters are an output — they issue once you qualify, not something you fill in.

At a glance

UPC adoptedInformal trackE-filing (self-represented)Self-represented filingLocal/county forms

No probate e-filing. The personal representative qualifies in person before the Clerk of the Circuit Court (most clerks require a scheduled appointment). The clerk admits any will to probate, reviews the Probate Information Form (CC-1650) and List of Heirs (CC-1611), administers the oath, takes any bond, and issues the Certificate of Qualification. No attorney is required.

Bond

Required before Letters: Yes
Waivable by will: Yes
Waivable by beneficiaries: Yes

Other official forms

Letters form: CC-1625View source

What to file with the petition

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)
Approximate value of the decedent's solely owned probate assets (to set the bond and probate tax)
Bond, with surety unless waived (Va. Code §§ 64.2-504, 64.2-505)
Renunciation by any higher-priority person or named executor declining to serve, and any Waiver of Qualification (CC-1608), where applicable
A personal representative who is not a Virginia resident files a Consent of Nonresident Fiduciary for Service of Process (CC-1610) with the clerk at qualification (Va. Code § 64.2-1426(A)) and gives bond with surety unless a resident representative qualifies at the same time or the clerk waives surety under § 64.2-1411

Small-estate alternative

Bypasses full Letters: Yes
Form: CC-1685View source
Form name: Small Estate Affidavit

State-specific notes

Virginia qualification is a clerk-administered, in-person process, not a court petition. The Clerk of the Circuit Court (or a deputy clerk) performs the functions a judge performs elsewhere: admitting the will, qualifying the executor/administrator, taking the oath and bond, and issuing the Certificate of Qualification, which Va. Code § 64.2-506 gives the same legal effect as formal Letters Testamentary/Administration; the filer may separately request formal letters "in due form" signed by the clerk, sealed, and certified by the judge. Intestate qualification also has priority windows (§ 64.2-502(A)): during the first 30 days after death the clerk may grant administration to a sole distributee, or his designee, or to any distributee who presents written waivers of the right to qualify from all other competent distributees; after 30 days, to the first distributee who applies; after 45 days, to a nonprofit charitable organization that served as the decedent's conservator or guardian (on a diligent-search certification); and after 60 days, to one or more creditors or any other person (same certification). Two small-estate paths bypass qualification entirely: the § 64.2-601 successor affidavit (entire personal probate estate <= $75,000), which since the 2025 amendment must be made on the OES form CC-1685 Small Estate Affidavit, and the § 64.2-602 no-affidavit delivery of a single small asset <= $35,000 once 60 days have elapsed and no personal representative has been appointed. A NONRESIDENT may qualify (§ 64.2-1426(A)), but must file a written consent to service of process with the clerk at the time of qualification (form CC-1610) and must give bond WITH SURETY in every case unless a resident representative qualifies at the same time or the clerk waives surety under § 64.2-1411 — a will's waiver of security does not reach a nonresident.

General information about how a personal representative is appointed, not legal advice. Consult a licensed attorney for legal questions. Data verified Aug 24, 2026

In Virginia, you qualify in person before Circuit Court rather than filing a petition — you bring the original will and the required intake forms to an appointment with the clerk. Clerk of the Circuit Court issues Certificate of Qualification when the representative qualifies.

Along with the application, Virginia generally requires: 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). The court's own checklist runs longer for particular cases.

Yes. Virginia requires a bond by default before Letters issue. A will can waive it. The beneficiaries can also waive it in writing.

Virginia permits a self-represented person to open an estate, using Probate Information Form (CC-1650). The Virginia self-file probate assessment sets self-filing against attorney costs.

Yes. A revocable living trust passes its assets to the beneficiaries without a court appointment in Virginia: no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about fifteen minutes.

Getting Appointed in Virginia

In Virginia, a personal representative is appointed by the Circuit Court. Clerk of the Circuit Court issues the Letters that prove authority over the estate — Certificate of Qualification. Virginia has not adopted the Uniform Probate Code.

The estate is opened by qualifying before the Circuit Court, bringing the completed Probate Information Form (CC-1650), not by filing a petition. The court filing fee runs $0 - $30 (based on estate value), and Virginia has no informal (registrar) appointment track, so every appointment goes through the court.

Virginia requires a bond by default before Letters issue, though a will can waive it and the beneficiaries can waive it in writing.

Estates under $75,000 in Virginia may qualify for a simplified procedure that avoids a full appointment entirely (CC-1685). The self-file probate assessment carries a Virginia cost comparison.

SimplyTrust Editorial·Updated September 9, 2026

Legal Sources

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

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