Overview
Chesterfield County is located in Virginia with a population of approximately 389,793. The Chesterfield 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 Va. Code Ann. § 64.2-100 et seq. 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 with personal assets valued at $50,000 or less (Va. Code § 64.2-601). This allows beneficiaries to collect assets without formal probate after a 60-day waiting period.
Virginia imposes a state probate tax of $0.10 per $100 of estate value (for estates over $15,000) and a local probate tax of roughly $0.033 per $100.
This guide provides an informational overview of the Chesterfield 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
Chesterfield Circuit Court
Probate matters in Chesterfield County are handled at the Chesterfield County Courts Building.
Address: 9500 Courthouse Rd, Chesterfield, VA 23832
Phone: (804) 706-7680 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Court Clerk's Office is located on the first floor. Probate matters are handled by appointment only.
Parking and Access
Free public parking is available in the lots surrounding the courthouse complex. Security screening is required for entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the decedent's personal estate does not exceed $50,000, successors may file an affidavit after 60 days to collect assets without full probate.
- Transfer on Death (TOD) Deeds: Real estate can be transferred directly to a beneficiary via a recorded TOD deed, bypassing 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 Chesterfield Circuit Court. Include:
- Original Last Will and Testament (if applicable)
- Self-proving affidavit (if Will is not self-proving)
- Certified copy of the death certificate
- State and local probate taxes plus clerk's fees (payable by cash, check, or credit card)
- List of Heirs (Form CC-1611)
E-filing is generally not available for initial probate petitions; in-person appointments are required.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 10 days before the hearing (if a judicial hearing is required; otherwise, mail Notice of Probate within 30 days of qualification)
- Publish notice in a newspaper of general circulation in Chesterfield County for once a week for two successive weeks (if required for debts and demands or unknown heirs)
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 1 to 2 weeks after filing (if contested or judicial probate). At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration. Most uncontested matters are handled administratively by the Clerk.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors — include state-specific creditor claim period (typically 6 months if a debts and demands hearing is held)
- Inventory and appraise all estate assets within 4 months
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Chesterfield County-Specific Procedures
- Appointment Required: Probate appointments must be scheduled in advance by calling the Clerk's office.
- Fiduciary Bond: Out-of-state fiduciaries must post a surety bond; in-state may be waived by Will.
- Probate Tax: State tax is $0.10 per $100; Local tax is $0.033 per $100.
- Publication: Notice must be published in a newspaper of general circulation in Chesterfield County for once a week for two weeks (if applicable).
Bring the original Will, a certified death certificate, and valid photo ID to your appointment.
Timeline & Fees
Filing Fees (Chesterfield County)
- Clerk's Fee: approximately $30 (max)
- State Probate Tax: approximately $1.00 per $1,000 of estate value
- Certified copies of Letters: approximately $3.00 per certified copy
- Publication costs: approximately $50-$150 depending on the newspaper
- List of Heirs recording fee: approximately $18
Virginia statutes set the probate tax rate; local tax is 1/3 of the state tax.
Payment Methods
The court accepts cash, check, money order, or credit card (Visa/Mastercard with $2 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 3 years
Timeline depends on asset complexity, tax filings, and whether a Debts and Demands hearing is requested.
Local Resources
Chesterfield County Court Resources
- Court Website: chesterfield.gov
- Probate Self-Help: Virginia Judicial System Probate Self-Help
- Virginia Probate Forms: Virginia Probate Forms
Legal Aid and Attorney Referrals
- Virginia State Bar: (804) 775-0500 — Lawyer Referral Service
- Central Virginia Legal Aid Society: (804) 648-1012 — Legal assistance for low-income residents
- State Bar Lawyer Referral: vsb.org
Publication
- Richmond Times-Dispatch: (804) 649-6000 — Newspaper of general circulation
- Chesterfield Observer: (804) 545-7500 — Local weekly newspaper