Estates and Wills

The purpose of this information is to better inform the general public of procedural matters involved in the administration of estates.

Specific procedural questions may be answered by calling this office. If you have a problem involving the legal interpretation of Virginia statutes pertaining to estates, you may wish to contact an attorney licensed in the Commonwealth of Virginia.

Wills probated in the Office of the Clerk of Circuit Court of Roanoke County are fully searchable in the Public Records Room on the second floor of the Roanoke County Courthouse.

There are over 200 sections in the Code of Virginia that deal solely with the administration of estates.  You should contact the Clerk of Circuit Court's Office if you have any questions regarding probate procedure.  You should contact an attorney if you have any questions regarding the legal interpretation of Virginia's estate laws.

Questions and answers about the administration of estates

Do I need to make and appointment?

Yes, it is necessary to make an appointment.  The length of time varies but is approximately one hour.

What taxes and fees are associated with probate?

The state probate tax is $1.00 per $1,00 and 10 cents per $100 of the estate value at the time of death.

The "local probate tax" is 3.33 cents (one third of 10 cents) per $100 of the estate value at the time of death.

The qualification fee is based on the value of the estate.

Payment is due at time of appointment.

Is it always necessary to have someone qualify as a personal representative on a decedent's estate?

Qualification is necessary when assets are held in the deceased name only.

If the decedent died with a will, what will be needed?

The original will

The death certificate

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

If the Executor named in the will does not wish to serve, they must submit a notarized renunciation letter. If the named Executor is deceased, a death certificate is required

Where should I go to qualify as a personal representative on someone's estate?

Go to the Circuit Court Clerk's Office of the jurisdiction:

Where the decedent had a known place of residence, or, if none;

Where the decedent owned real estate, or, if none;

Where the decedent died or owned any property.

The Office of the Clerk of Circuit Court of Roanoke County is located in the Roanoke County Courthouse, on the second floor.

If the decedent left no will, what will be needed?

Appropriate nomination of administrator pursuant to VA Code 64.1-118

The death certificate

Names, ages and addresses of heirs-at-law

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

Arrange for surety (security) on the bond unless it is waived by law

Where can I obtain Probate forms? 

You can download the information from the Virginia State Courts website.