Overview
Campbell County is located in Virginia with a population of approximately 55,342. The Campbell 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. If the decedent's personal estate is valued at $50,000 or less, a Small Estate Affidavit may be used after 60 days have passed since the death, avoiding full probate administration.
State probate tax is assessed at $1.00 per $1,000 of estate value for estates exceeding $15,000. Campbell County also charges a local probate tax of approximately 1/3 of the state tax amount.
This guide provides an informational overview of the Campbell 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
Campbell County Circuit Court
Probate matters in Campbell County are handled at the Campbell County Circuit Court Clerk's Office.
Address: 732 Village Highway, Rustburg, VA 24588
Phone: (434) 332-9517 (Clerk's Office)
Hours: Monday through Friday, 8:30 AM to 4:30 PM (verify current hours with the court)
The Clerk's Office is located within the Campbell County Courthouse complex. It is recommended to call ahead to schedule an appointment for probate qualification to ensure a Deputy Clerk is available to assist you.
Parking and Access
Free public parking is generally available in the lots surrounding the courthouse complex in Rustburg. 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 estate is valued at $50,000 or less, you may be able to use a Small Estate Affidavit after 60 days.
- Transfer on Death (TOD): Real estate or securities with a TOD designation pass directly to beneficiaries without probate.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Probate Information Form (CC-1650) with the Campbell County Circuit Court. Include:
- Original Will and codicils (if applicable)
- Certified death certificate
- List of Heirs (Form CC-1611)
- Filing fee amount (Probate tax and Clerk's fees)
- Valid photo identification
E-filing is generally not available for the initial probate qualification; an in-person appointment with the Clerk is typically required.
Step 3: Provide Notice
After qualification, you must:
- Mail notice of probate (Form CC-1616) to all heirs, beneficiaries, and interested parties within 30 days after qualification.
- File an affidavit of notice with the Clerk's Office within 4 months.
- Publish notice to creditors (optional but recommended) in a newspaper of general circulation in Campbell County to establish a claims deadline.
Step 4: Attend the Hearing
In Virginia, the "hearing" is typically an administrative appointment with the Clerk. At this appointment, the Clerk reviews the documents and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and resolve valid claims
- Inventory and appraise all estate assets and file an Inventory with the Commissioner of Accounts within 4 months
- Pay valid creditor claims and taxes
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting with the Commissioner of Accounts (typically due 16 months after qualification)
Local Requirements
Campbell County-Specific Procedures
- Appointments: The Clerk's Office strongly recommends scheduling an appointment for probate matters to ensure efficient service.
- Commissioner of Accounts: Campbell County utilizes a Commissioner of Accounts to review inventories and accountings. You will be provided with their contact information upon qualification.
- Bond requirements: Surety bond is typically required unless waived by the will or by statute (e.g., if the personal representative is the sole beneficiary).
- Publication: If a Debts and Demands hearing is requested, notice must be published in a newspaper of general circulation in Campbell County, such as The News & Advance.
Always check with the Clerk's Office for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Campbell County)
- State Probate Tax: $1.00 per $1,000 of estate value (for estates > $15,000)
- Local Probate Tax: $0.33 per $1,000 of estate value
- Clerk's Qualification Fees: approximately $50 - $100 (varies by estate value)
- Certified copies of Letters: approximately $18 per certified copy
- Publication costs: approximately $150-$300 depending on the newspaper
- Transfer Fee: $1.00 (if real estate is involved)
Virginia statutes set guidelines for fiduciary compensation, often based on a percentage of the estate's value (e.g., 5% of the first $400,000).
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (Visa/Mastercard). A convenience fee (approx. 4%) applies to credit card transactions.
Estimated Timelines
- Simple estates (no disputes, limited assets): 12-18 months
- Average estates: 16-24 months
- Complex or contested estates: 2 years to 3+ years
The timeline is heavily influenced by the 6-month creditor claim period and the requirement to file an accounting 16 months after qualification.
Local Resources
Campbell County Court Resources
- Court Website: campbellcountyva.gov
- Probate Self-Help: Virginia Judicial System Probate Guide
- Virginia Probate Forms: Circuit Court 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 News & Advance: (434) 385-5500 — General circulation newspaper
- Union Star: (434) 376-2793 — Local newspaper