If the decedent died with a Will, what should I bring to the Clerk's Office?
  • It is recommended that an appointment be made with the Clerk or the assigned probate clerk.
  • The original Will.
  • A certified copy of the death certificate or copy of the obituary.
  • In some instances, it may be necessary for witnesses to the Will to be present, or depositions of witnesses may be required. The Probate Clerk will examine the Will for a self-proving clause; a determination cannot be made over the telephone.
  • A named executor residing outside of Virginia who wishes to be appointed as executor must bring a Virginia resident to the Probate Appointment (PDF) to either co-qualify or be designated as a registered agent.
  • The approximate dollar value of the solely owned assets for both personal property (stocks, bonds, bank accounts, automobiles, etc.) and the fair market value of real estate located in Virginia which must pass through probate.
  • The names, ages and addresses of the heirs-at-law. The heirs-at-law are not necessarily the beneficiaries of the Will. Heirs-at-law are determined by kinship to the deceased and are set by Virginia law.
  • If the executor named in the Will does not wish to serve, a renunciation letter must be presented to the Clerk signed by the named Executor. If the named executor is deceased, a death certificate is required.
  • A check or cash for which to pay fees.

Note: All fiduciaries must be bonded. State statutes and certain language contained in the Will govern whether the bond is with or without surety. The Probate Clerk will set the appropriate bond at the time of qualification.

Show All Answers

1. Where should the will be probated?
2. What does dying "testate" or "intestate" mean?
3. Who inherits the property of a person who dies intestate (person dying without a will)?
4. Is the appointment of an executor or administrator and the formal administration of an estate always required?
5. What are the time limitations regarding probate?
6. If the decedent died with a Will, what should I bring to the Clerk's Office?
7. If the decedent left no Will, what should I take to the Clerk's Office?
8. What are the basic duties of an executor or administrator?
9. Where can one go for more information or answers to specific questions?