Where do I file for probate in Augusta County?

Probate is handled by the Augusta County Circuit Court Clerk's Office, located at 1 East Johnson Street, Staunton, VA 24401.

How much does probate cost in Augusta County?

Fees include a state probate tax ($1 per $1,000), a local tax (approx. $0.33 per $1,000), and recording fees. For a $200,000 estate, taxes would be roughly $266 plus ~$60 in clerk fees.

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

Yes. If the personal estate is 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 Augusta County?

A simple estate typically takes 6-12 months. The inventory is due within 4 months, and the first accounting is due within 16 months.

Do I need an attorney for probate in Augusta County?

Virginia does not require an attorney, but the process involves strict reporting to the Commissioner of Accounts. Many executors find legal counsel helpful for preparing inventories and accountings.

What is a Commissioner of Accounts?

A Commissioner of Accounts is a lawyer appointed by the Court to oversee the actions of the personal representative, review inventories, and audit financial accountings.

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

Overview

Augusta County is located in Virginia with a population of approximately 78,622. The Augusta 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 typically begins with scheduling an appointment with the Probate Division and 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 under the Virginia Small Estate Act. If the decedent's personal assets are valued at $75,000 or less (as of July 1, 2025), a Small Estate Affidavit may be used to collect assets after a 60-day waiting period, avoiding full probate administration.

Note that Virginia imposes a Probate Tax of roughly $1.33 per $1,000 of estate value (state and local combined) for estates valued over $15,000. Additionally, a Commissioner of Accounts oversees the inventories and accountings filed by personal representatives.

This guide provides an informational overview of the Augusta 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

Augusta County Circuit Court

Probate matters in Augusta County are handled at the Augusta County Courthouse.

Address: 1 East Johnson Street, Staunton, VA 24401

Phone: (540) 245-5317 (Probate Division)

Hours: Monday through Friday, 8:30 AM to 4:30 PM

The Probate Division is located within the Clerk of the Circuit Court's office. It is highly recommended to call ahead and schedule an appointment for probate qualification to ensure a clerk is available to assist you.

Parking and Access

Public parking is available in downtown Staunton near the courthouse. There are municipal lots and street parking available. Visitors must pass through security screening upon entering the courthouse.

Filing Process

Step 1: Determine If Probate Is Necessary

Before filing, assess whether formal probate is required:

Virginia Small Estate Act: If the personal estate is valued at $75,000 or less, you may be able to use the Virginia Small Estate Affidavit after 60 days have passed since the death.
Transfer on Death / Survivorship: Assets with named beneficiaries or held as "joint tenants with right of survivorship" (or "tenants by the entirety") pass directly to the co-owner or beneficiary.
Trust administration: Assets held in a living trust generally do not require probate.

Step 2: File the Petition (Schedule Appointment)

If formal probate is needed, contact the Augusta County Circuit Court Probate Division to schedule an appointment. You will typically need to bring or file:

Probate Information Form (CC-1650)
Original Last Will and Testament (if applicable)
Certified Death Certificate
List of Heirs (CC-1611)
Filing fees and Probate Tax (Cash, check, or credit card; checks payable to "Clerk of Court")
Photo ID for the personal representative

Step 3: Qualification and Notice

Unlike many states, the "hearing" in Virginia is often an administrative appointment with the Clerk. Once you meet the requirements and pay the fees, the Clerk will qualify you as the Personal Representative.

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 within 4 months.

Step 4: Administer the Estate

After receiving your Letters (Certificate of Qualification), you must:

Notify creditors (The Commissioner of Accounts may oversee a "Debts and Demands" hearing if necessary).
File an Inventory with the Commissioner of Accounts within 4 months of qualification.
Pay valid debts, taxes, and administrative expenses.
File an Accounting with the Commissioner of Accounts within 16 months (and annually thereafter if the estate remains open).
Distribute remaining assets to beneficiaries.

Local Requirements

Augusta County-Specific Procedures

Appointments: The Augusta County Probate Division operates primarily by appointment. Call (540) 245-5317 to schedule.
Commissioner of Accounts: Augusta County utilizes a Commissioner of Accounts to review inventories and accountings. You will be assigned a Commissioner upon qualification.
Probate Tax: Be prepared to pay the state probate tax ($1.00 per $1,000) and the local Augusta County probate tax (approx. $0.33 per $1,000) at the time of qualification.
Bond: A surety bond is generally required unless the will specifically waives it or all heirs/beneficiaries are adults and agree to waive it (for certain administrators).

Publication: While publication is not always required for initial qualification, a "Debts and Demands" hearing may require publication in a local newspaper like The News Leader to bar future creditor claims.

Timeline & Fees

Filing Fees (Augusta County)

State Probate Tax: $1.00 per $1,000 of estate value (if estate > $15,000)
Local Probate Tax: ~$0.33 per $1,000 of estate value
Recording Fee: Approximately $43.00 (varies by page count of Will/List of Heirs)
Qualification Fee: Approximately $20.00 - $30.00
Transfer Fee: $1.00
Commissioner of Accounts Fees: Varies based on estate value (payable to the Commissioner, not the Court)

Payment Methods

The court accepts cash, checks, money orders, and credit/debit cards (Visa/Mastercard). A convenience fee (typically 4%) applies to card transactions.

Estimated Timelines

Small Estate Affidavit: Minimum 60-day waiting period.
Simple estates: 6-12 months (Inventory due at 4 months).
Complex estates: 12-24 months or longer.

The timeline is heavily influenced by the 6-month creditor claim period and the review process by the Commissioner of Accounts.

Local Resources

Augusta County Court Resources

Court Website: Augusta County Circuit Court
Probate Information: Probate Division
Virginia Judicial System Forms: Probate Forms

Legal Aid and Attorney Referrals

Virginia State Bar Lawyer Referral Service: Virginia State Bar Lawyer Referral Service
Blue Ridge Legal Services: (540) 433-1830 — Legal aid for low-income residents.

Publication

The News Leader: (540) 885-7281 — Newspaper of general circulation in Staunton/Augusta County.
The News Virginian: (540) 949-8213 — Serving Waynesboro and Augusta County.

Probate in Augusta County, Virginia: 2026 Guide