Overview
Fairfax County is located in Virginia with a population of approximately 1,160,000. The Fairfax 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 often begins with scheduling an appointment with the Probate Division to file a Probate Information Form (CC-1650) and the original will (if any) to 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 assets are valued at $75,000 or less (as of July 1, 2025), a Small Estate Affidavit may be used to collect assets without full probate administration, provided at least 60 days have passed since the death.
Note that Virginia imposes a Probate Tax on estates valued over $15,000. The tax is generally $1.33 per $1,000 of estate value (10 cents state tax + 3.33 cents local tax per $100).
This guide provides an informational overview of the Fairfax 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
Fairfax County Circuit Court
Probate matters in Fairfax County are handled at the Fairfax County Courthouse.
Address: 4110 Chain Bridge Road, Suite 401, Fairfax, VA 22030
Phone: (703) 691-7320 (Press 3, 5, 1 for Probate appointments)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Division is located in the Circuit Court Clerk's Office. Appointments are strongly recommended for opening an estate to ensure a probate clerk is available to assist you.
Parking and Access
Public parking is available in Garage B, located at 10550 Page Avenue, Fairfax, VA 22030. There is a fee for parking. Security screening is required upon entering the courthouse; cell phones are generally permitted but must be silenced.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the personal estate is valued at $75,000 or less and at least 60 days have passed since death, you may use the Virginia Small Estate Act Affidavit to collect assets without formal administration.
- Real Estate Only: If the decedent owned only real estate, a Real Estate Affidavit (CC-1612) may be recorded in land records without full 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:
- Probate Information Form (CC-1650)
- Original Last Will and Testament (if applicable)
- Certified Death Certificate
- List of Heirs (CC-1611)
- Payment for fees and taxes (Probate tax, recording fees, and qualification fees)
The personal representative may also need to post a bond. If the will waives surety, a bond is still required but without a corporate surety fee.
Step 3: Provide Notice
After qualification, you must:
- Mail Notice of Probate (CC-1616) to all heirs and beneficiaries within 30 days of qualification.
- File an Affidavit of Notice (CC-1617) with the Clerk's Office within 4 months of qualification.
Step 4: Inventory and Accounting
The personal representative reports to the Commissioner of Accounts, an attorney appointed by the court to oversee estates:
- File an Inventory of estate assets with the Commissioner of Accounts within 4 months of qualification.
- File an Annual Accounting with the Commissioner of Accounts within 16 months of qualification (covering the first 12 months), and annually thereafter until the estate is closed.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and pay valid claims (Virginia law generally provides a 6-month creditor period).
- File federal and state tax returns as needed.
- Distribute remaining assets to beneficiaries.
- File a final accounting with the Commissioner of Accounts to close the estate.
Local Requirements
Fairfax County-Specific Procedures
- Appointments: The Fairfax Probate Division highly recommends scheduling an appointment for qualification to avoid long wait times.
- Commissioner of Accounts: Fairfax County utilizes Commissioners of Accounts to review inventories and accountings. You will be assigned a specific Commissioner upon qualification.
- Fiduciary Bond: Even if surety is waived in the will, a bond form must be executed. If surety is not waived, you may need to arrange for a bondsman to be present at your appointment.
- Publication: If the identity or location of heirs is unknown, an Order of Publication in a local newspaper (e.g., Fairfax County Times or Washington Post) may be required.
Timeline & Fees
Filing Fees (Fairfax County)
- State Probate Tax: $1.00 per $1,000 of estate value (if value > $15,000)
- Local Probate Tax: $0.33 per $1,000 of estate value
- Recording Fee: Approximately $43 for the first 10 pages (varies by document length)
- Qualification Fee: Approximately $50–$100 depending on estate value
- List of Heirs Fee: Approximately $18
- Transfer Fee: $1.00 (if real estate is involved)
Payment Methods
The court accepts cash, checks (payable to "Clerk of the Circuit Court"), money orders, and credit cards (Visa/Mastercard with a 4% convenience fee).
Estimated Timelines
- Simple estates: 6–12 months
- Average estates: 12–18 months
- Complex or contested estates: 18 months to 3 years
The timeline is heavily influenced by the 6-month creditor claim period and the review times of the Commissioner of Accounts.
Local Resources
Fairfax County Court Resources
- Court Website: fairfaxcounty.gov/circuit/probate
- Probate Information: Virginia Judicial System Probate Guide
- Virginia Probate Forms: vacourts.gov/forms/circuit/fiduciary
Legal Aid and Attorney Referrals
- Fairfax Bar Association: (703) 246-2740 — Lawyer Referral Service
- Legal Services of Northern Virginia: (703) 778-6800 — Legal Aid
- Virginia State Bar: vsb.org
Publication
- Fairfax County Times: (703) 437-5400 — Local legal notices
- Washington Post: (202) 334-6000 — General circulation