Overview
Fauquier County is located in Virginia with a population of approximately 75,865. The Circuit Court of Fauquier County 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 of the Circuit Court Clerk's Office to admit the will (if any) and appoint a personal representative. The Clerk then issues Certificates of Qualification (often referred to as Letters Testamentary or Letters of Administration).
Small Estate Affidavit: 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 to collect assets without full probate administration, provided at least 60 days have passed since the death.
Probate Tax: Virginia imposes a state probate tax of $0.10 per $100 of the estate's value (for estates over $15,000). Fauquier County charges an additional local probate tax equal to one-third of the state tax.
This guide provides an informational overview of the Fauquier 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
Circuit Court of Fauquier County
Probate matters in Fauquier County are handled by the Clerk of the Circuit Court at the Fauquier County Courthouse.
Address: 29 Ashby Street, Warrenton, VA 20186
Phone: (540) 422-8100 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is located within the Clerk's Office. Probate is handled by appointment only. You must contact the Clerk's office to schedule a time to qualify as a personal representative.
Parking and Access
Public parking is available in downtown Warrenton near the courthouse. There are municipal lots and street parking available, though time limits may apply. Visitors 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:
- Small Estate Affidavit: If the personal estate is valued at $50,000 or less, you may be able to use the Virginia Small Estate Affidavit after a 60-day waiting period.
- Real Estate Only: If the decedent owned only real estate and no personal property requiring administration, a "Real Estate Affidavit" or recording the will alone may suffice.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: Schedule an Appointment and File
Formal probate in Fauquier County requires an in-person appointment with the Clerk. You will need to bring:
- 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)
- Photo ID for the person qualifying
Step 3: Qualification and Notice
Once the Clerk accepts the documents and you pay the fees, you will "qualify" as the Personal Representative. The Clerk will issue Certificates of Qualification.
After qualification, you must:
- Mail Notice of Probate to all heirs and beneficiaries within 30 days.
- File an Affidavit of Notice (CC-1612) with the Clerk within 4 months.
Step 4: Inventory and Accounting
Virginia utilizes Commissioners of Accounts to oversee estate inventories and accountings.
- Inventory: Must be filed with the Commissioner of Accounts within 4 months of qualification.
- Accounting: A first accounting is due within 16 months of qualification, covering the first 12 months of administration.
Step 5: Administer the Estate
The personal representative must:
- Obtain a Tax ID (EIN) for the estate
- Open an estate bank account
- Pay valid debts and taxes
- Distribute remaining assets to beneficiaries
- File a final accounting with the Commissioner of Accounts to close the estate
Local Requirements
Fauquier County-Specific Procedures
- Appointment Required: The Fauquier County Circuit Court Clerk requires an appointment for probate matters. Do not arrive without scheduling first.
- Commissioner of Accounts: Fauquier County appoints a local Commissioner of Accounts to review your inventory and financial accountings. You will be given their contact information upon qualification.
- Probate Tax: Be prepared to pay the state tax ($1 per $1,000 value) plus the local Fauquier County tax (1/3 of the state tax) at the time of your appointment.
- Publication: If the whereabouts of an heir are unknown, or in certain other situations, notice may need to be published in a local newspaper like the Fauquier Times.
Timeline & Fees
Filing Fees (Fauquier County)
- State Probate Tax: $1.00 per $1,000 of estate value (if >$15,000)
- Local Probate Tax: 1/3 of the State Probate Tax amount
- List of Heirs Recording Fee: Approximately $43.00
- Qualification Fee: Varies based on estate value (typically $20-$50 range)
- Transfer Fee: $1.00
- Commissioner of Accounts Fees: Varies based on assets (payable directly to Commissioner)
Payment Methods
The Clerk's office typically accepts cash, checks (made payable to "Clerk of Circuit Court"), and credit cards (Visa/Mastercard, usually with a convenience fee).
Estimated Timelines
- Small Estates: 2-3 months (using affidavit)
- Simple Formal Administration: 12-18 months
- Complex Estates: 18-24+ months
The timeline is heavily dictated by the 6-month creditor claim period and the requirement to file accountings with the Commissioner of Accounts.
Local Resources
Fauquier County Court Resources
- Court Website: fauquiercounty.gov
- Probate Forms (Statewide): vacourts.gov
- Commissioner of Accounts: fauquiercounty.gov
Legal Aid and Attorney Referrals
- Virginia State Bar Lawyer Referral: vsb.org
- Blue Ridge Legal Services: (540) 433-1830 — Legal aid for low-income residents
Publication
- Fauquier Times: (540) 347-4222 — Newspaper of general circulation