Overview
Arlington County is located in Virginia with a population of approximately 240,000. The Arlington 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 begins with filing a Probate Information 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 simplified procedure for small estates valued at $50,000 or less (Virginia Small Estate Act). This allows assets to be claimed via a Small Estate Affidavit without full probate administration, provided at least 60 days have passed since the decedent's death.
Virginia law allows for reasonable compensation for personal representatives. The Arlington County Commissioner of Accounts generally follows a guideline of 5% on the first $400,000 of estate assets, 4% on the next $300,000, 3% on the next $300,000, and 2% on the balance over $1,000,000.
This guide provides an informational overview of the Arlington 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
Arlington County Circuit Court
Probate matters in Arlington County are handled at the Arlington County Justice Center.
Address: 1425 N. Courthouse Road, Room 6300 (Probate Division), Arlington, VA 22201
Phone: 703-228-4376 (Probate Division)
Hours: Monday through Thursday (appointments only)
The Probate Division is located on the 6th floor of the courthouse (Room 6300). Appointments are required for probate qualification.
Parking and Access
Public parking is available at the Courthouse Plaza parking garage (2100 Clarendon Blvd) and other nearby commercial garages. Limited metered street parking is available. The courthouse is also directly accessible via the Court House Metro Station (Orange and Silver Lines).
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Virginia Small Estate Act: If the estate is valued at $50,000 or less, you may be able to use a Small Estate Affidavit after 60 days to claim assets without formal administration.
- Non-probate transfers: Assets with named beneficiaries (POD/TOD accounts, life insurance) or held in joint tenancy with rights of survivorship do not go through probate.
- 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 Division. You will typically need to file a Probate Information Form (CC-1650) and bring:
- Original Last Will and Testament (if applicable)
- Certified copy of the death certificate
- Valid photo identification
- Estimate of estate assets (for bond and tax purposes)
- Payment for filing fees and probate tax
- List of Heirs (Form CC-1611)
Note: Arlington County Circuit Court requires an appointment for the initial qualification of a personal representative.
Step 3: Provide Notice
After qualification, you must:
- Mail 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's Office within 4 months proving that notice was sent.
Step 4: Inventory and Appraisal
Within 4 months of qualification, the personal representative must file a complete Inventory of estate assets with the Commissioner of Accounts.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and pay valid debts
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File an Accounting with the Commissioner of Accounts (typically due 16 months after qualification) to close the estate
Local Requirements
Arlington County-Specific Procedures
- Appointments: The Probate Division requires scheduling an appointment for qualification to ensure a clerk is available.
- Commissioner of Accounts: Arlington County utilizes a Commissioner of Accounts to oversee fiduciary inventories and accountings. The Commissioner reviews all financial filings for accuracy.
- Bond: A surety bond is typically required unless the will waives it or all beneficiaries waive it (and the court approves). Out-of-state fiduciaries must always have a resident agent and often a surety bond.
- Publication: If the location of heirs is unknown, notice may need to be published in a local newspaper such as the Washington Times or Sun Gazette.
Timeline & Fees
Filing Fees (Arlington County)
- State Probate Tax: $1.00 per $1,000 of estate value (or fraction thereof)
- Local Probate Tax: $0.33 per $1,000 of estate value (1/3 of state tax)
- Qualification and Recordation Fees: Approximately $78.00
- List of Heirs Fee: Approximately $18
- Transfer Fee: $1.00 per parcel of real estate
- Publication costs: Approximately $200-$300 depending on the newspaper
Statutory executor commissions are generally calculated on a sliding scale (e.g., 5% of the first $400,000).
Payment Methods
The court accepts cash, checks, money orders, and credit cards (Visa/Mastercard) with a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period in Virginia is generally 6 months, but the estate cannot be fully closed until the Commissioner of Accounts approves the final accounting.
Local Resources
Arlington County Court Resources
- Court Website: Arlington County Circuit Court
- Probate Self-Help: Virginia Judicial System Probate Guide
- Virginia Probate Forms: Circuit Court Forms
Legal Aid and Attorney Referrals
- Arlington County Bar Association: 703-228-3390 — Lawyer Referral Service
- Legal Services of Northern Virginia: 703-778-6800 — Legal Aid
- Virginia State Bar Lawyer Referral: vlrs.net
Publication
- Washington Times: 202-636-3000 — Legal Notices
- Sun Gazette: 703-527-7710 — Local Newspaper