Overview
Buckingham County is located in Virginia with a population of approximately 17,115. The Buckingham 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 Code of Virginia Title 64.2. 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 Small Estate Affidavit procedure for estates where the decedent's personal property is valued at $50,000 or less (subject to current statutory adjustments). This allows beneficiaries to collect assets without full probate administration after a 60-day waiting period.
Probate tax in Virginia is generally $1.00 per $1,000 of estate value for the state, plus a local tax of approximately $0.33 per $1,000. Executors are typically entitled to "reasonable compensation," often calculated as a declining percentage starting around 5% of the estate's value.
This guide provides an informational overview of the Buckingham 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
Buckingham County Circuit Court
Probate matters in Buckingham County are handled at the Buckingham County Circuit Court.
Address: 13061 West James Anderson Highway, Buckingham, VA 23921
Phone: (434) 969-4734 (Probate Division)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Circuit Court Clerk's office is located in the county administration complex. It serves as the probate court for the county.
Parking and Access
Free parking is available at the courthouse complex. The building is accessible to the public during business hours.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate's personal property is valued at $50,000 or less, you may be able to use an affidavit to collect assets without formal administration.
- Transfer on Death (TOD): Real estate may be transferred directly to beneficiaries if a Transfer on Death Deed was 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 Buckingham County Circuit Court Clerk. You will typically need to file:
- Probate Information Form (CC-1650)
- Original Last Will and Testament (if applicable)
- Certified Death Certificate
- List of Heirs (CC-1611)
- Payment for filing fees and probate tax
E-filing is generally not available for the initial opening of an estate; an in-person appointment is usually required.
Step 3: Provide Notice
After qualification, you must:
- Mail Notice of Probate to all heirs and beneficiaries within 30 days of appointment.
- File an Affidavit of Notice with the Clerk's office verifying that notice was sent.
- Publish notice to creditors (if desired or required) in a newspaper of general circulation in Buckingham County, such as The Farmville Herald.
Step 4: Attend the Hearing
Virginia probate is primarily an administrative process handled by the Clerk. Formal court hearings are typically only required for contested matters or complex issues. The Clerk will issue Letters Testamentary or Letters of Administration upon successful qualification.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and resolve valid claims.
- File an Inventory with the Commissioner of Accounts within 4 months of qualification.
- File annual accountings until the estate is closed.
- Pay all applicable taxes and debts.
- Distribute remaining assets to beneficiaries.
Local Requirements
Buckingham County-Specific Procedures
- Appointment Required: You must call (434) 969-4734 to schedule a probate appointment; walk-ins may not be accommodated.
- Bond Requirements: A surety bond is generally required for out-of-state fiduciaries or if the will does not waive it.
- Commissioner of Accounts: Estate inventories and accountings are reviewed by a local Commissioner of Accounts, not directly by the judge.
- Publication: Legal notices are typically published in The Farmville Herald.
Always check with the Clerk's office for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Buckingham County)
- State Probate Tax: $1.00 per $1,000 of estate value (estates >$15,000)
- Local Probate Tax: ~$0.33 per $1,000 of estate value
- Recording/Clerk Fees: Varies, typically $40+ depending on document pages
- Certified copies of Letters: approximately $18.00 each
- Publication costs: approximately $150-$250 depending on the newspaper
Virginia law allows for "reasonable compensation" for fiduciaries, often guided by a schedule (e.g., 5% of the first $400,000).
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted 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
Timelines are heavily influenced by the 6-month creditor claim period and the review process by the Commissioner of Accounts.
Local Resources
Buckingham County Court Resources
- Court Website: buckinghamcountyva.org
- Probate Self-Help: Virginia Judicial System Probate Guide
- Virginia Probate Forms: Supreme Court of Virginia Forms
Legal Aid and Attorney Referrals
- Virginia State Bar: (804) 775-0500 — Lawyer Referral Service
- Virginia Legal Aid Society: (866) 534-5243 — Low-income legal assistance
- Virginia Lawyer Referral: vsb.org
Publication
- The Farmville Herald: (434) 392-4151 — General circulation newspaper
- Richmond Times-Dispatch: (804) 649-6000 — Regional newspaper