Where do I file for probate in Accomack County?

File at the Accomack County Circuit Court Clerk's Office, located at 23316 Courthouse Avenue, Accomac, VA 23301. It is best to call (757) 787-5776 to make an appointment.

How much does probate cost in Accomack County?

Fees include a state tax of $1.00 per $1,000 of assets, a local tax of roughly $0.33 per $1,000, plus recording fees (approx. $18) and qualification fees. Total initial costs often range from $50 to several hundred dollars depending on estate value.

Can I avoid probate in Accomack County with a small estate?

Yes, if the estate consists of personal property valued at $75,000 or less, you may use the Virginia Small Estate Affidavit after a 60-day waiting period.

How long does probate take in Accomack County?

A simple estate typically takes 12 to 18 months to settle. The first accounting is due 16 months after qualification.

Do I need an attorney for probate in Accomack County?

Virginia does not require an attorney, and the Clerk can assist with forms. However, probate can be complex, especially regarding taxes and accountings, so consulting an attorney is often recommended.

What is the Commissioner of Accounts?

The Commissioner of Accounts is a local attorney appointed by the court to oversee the actions of the personal representative, including reviewing the inventory and annual accountings.

Accomack County Probate Guide: Courts, Fees & Process (2026)

Overview

Accomack County is located in Virginia with a population of approximately 33,411. The Accomack County Circuit Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.

Virginia probate is governed by Title 64.2 of the Code of Virginia. The process often begins with filing a Probate Information Form (Form CC-1650) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.

Virginia offers a Small Estate Act procedure for estates valued at $75,000 or less. This allows beneficiaries to collect assets via affidavit without full probate administration.

Virginia probate fees include a state probate tax of $0.10 per $100 of estate value and a local probate tax of roughly 1/3 of that amount. Executors may also be entitled to reasonable compensation, typically around 5% of the estate's value, though this is subject to court approval or the terms of the will.

This guide provides an informational overview of the Accomack County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.

Courthouse Information

Accomack County Circuit Court

Probate matters in Accomack County are handled at the Accomack County Circuit Court.

Address: 23316 Courthouse Avenue, Accomac, VA 23301

Phone: (757) 787-5776 (Clerk's Office)

Hours: Monday through Friday, 9:00 AM to 5:00 PM

The Circuit Court Clerk's Office is located in the historic courthouse in the town of Accomac. The Probate Department assists with the qualification of personal representatives and the recording of wills.

Parking and Access

Public parking is available on the streets surrounding the courthouse square and in designated lots nearby. Visitors must pass through security screening upon entering the courthouse. Cell phones and electronic devices may be restricted.

Filing Process

Step 1: Determine If Probate Is Necessary

Before filing, assess whether formal probate is required:

Virginia Small Estate Act: If the estate's personal property is valued at $75,000 or less, you may be able to use a Small Estate Affidavit after a 60-day waiting period to collect assets without formal administration.
Transfer on Death: Real estate may pass via a Transfer on Death Deed recorded prior to death.
Trust administration: Assets held in a living trust generally do not require probate.

Step 2: File the Petition

If formal probate is needed, schedule an appointment with the Probate Clerk. You will typically need to file the Probate Information Form (CC-1650) with the Accomack County Circuit Court. Bring:

Original Last Will and Testament (if any)
Certified copy of the Death Certificate
Valid photo identification
Estimate of estate assets (for bond and tax purposes)
Cash, check, or credit card for filing fees
Names and addresses of all heirs and beneficiaries

Step 3: Qualification and Notice

Once the Clerk accepts the petition and will, you will qualify as the Personal Representative. You must then:

Give Notice of Probate (Form CC-1616) to all heirs and beneficiaries within 30 days of qualification.
File an Affidavit of Notice (Form CC-1617) with the Clerk within 4 months.

Step 4: Inventory and Accounting

After receiving Letters, the personal representative must:

File an Inventory of estate assets with the Commissioner of Accounts within 4 months of qualification.
File an Annual Accounting with the Commissioner of Accounts within 16 months of qualification (covering the first 12 months), and annually thereafter until the estate is closed.

Step 5: Administer the Estate

The personal representative is responsible for:

Obtaining a Tax ID (EIN) for the estate
Opening an estate bank account
Paying valid debts and taxes
Distributing remaining assets to beneficiaries according to the will or intestate laws

Local Requirements

Accomack County-Specific Procedures

Appointment Required: It is highly recommended to call the Probate Clerk at (757) 787-5776 to schedule an appointment for probate qualification.
Bond Requirements: A surety bond is generally required unless the will waives it or all beneficiaries are also the personal representatives. The bond amount is usually set based on the value of the personal estate.
Commissioner of Accounts: Accomack County utilizes a Commissioner of Accounts to review inventories and accountings. The Clerk will provide the Commissioner's contact information upon qualification.
Publication: If the location of heirs is unknown, or for a "Show Cause" order against creditors, notice may need to be published in a local newspaper like the Eastern Shore Post or Eastern Shore News.

Timeline & Fees

Filing Fees (Accomack County)

State Probate Tax: $0.10 per $100 of estate value (approx. $1.00 per $1,000)
Local Probate Tax: $0.033 per $100 of estate value (approx. 1/3 of the state tax)
Recording Fee: Approximately $18.00 for the first 10 pages of the will, plus varying fees for qualification and list of heirs (typically totaling $40-$60 for a standard opening).
Transfer Fee: $1.00 for transfer of real estate.
Commissioner of Accounts Fees: Varies based on the value of the estate (for reviewing inventory and accountings).

Payment Methods

The court accepts cash, checks, money orders, and credit/debit cards (a convenience fee usually applies to cards).

Estimated Timelines

Simple estates: 12-18 months
Inventory Due: 4 months after qualification
First Accounting Due: 16 months after qualification
Creditor Claim Period: Debts are generally prioritized, but there is no strict "bar date" for claims in Virginia unless a debts and demands hearing is requested; however, executors are advised to wait at least 6 months before significant distributions.

Local Resources

Accomack County Court Resources

Court Website: Accomack County Circuit Court
Probate Forms: Virginia Judicial System Forms
Virginia Probate Info: Virginia Bar Association Guide

Legal Aid and Attorney Referrals

Virginia State Bar Referral Service: vsb.org
Legal Aid Society of Eastern Virginia: (757) 442-6612 — Provides legal assistance to eligible low-income residents.

Publication

Eastern Shore Post: (757) 789-7678 — Newspaper of general circulation.
Eastern Shore News: (757) 787-1200 — Newspaper of general circulation.

Probate in Accomack County, Virginia: 2026 Guide