Overview
Floyd County is located in Virginia with a population of approximately 15,658. The Floyd 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) and the 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 Small Estate Affidavit procedure for estates valued at $75,000 or less (as of July 1, 2025). This allows beneficiaries to collect assets without full probate administration after a 60-day waiting period.
Virginia law imposes a probate tax of roughly $1.33 per $1,000 of estate value (state and local combined) for estates valued over $15,000.
This guide provides an informational overview of the Floyd 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
Floyd County Circuit Court
Probate matters in Floyd County are handled at the Floyd County Courthouse.
Address: 100 East Main Street, Room 200, Floyd, VA 24091
Phone: (540) 745-9330 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Circuit Court Clerk's office is located on the second floor of the courthouse. It is recommended to call ahead to schedule a probate appointment, as the clerk's office may have specific times dedicated to probate filings.
Parking and Access
Public parking is available around the courthouse square and on adjacent streets. The building is accessible, with security screening required upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the personal probate estate is valued at $75,000 or less, you may be able to use the Virginia Small Estate Affidavit after 60 days have passed since the death.
- Real Estate Affidavit: If the only asset is real estate, a Real Estate Affidavit (Form CC-1612) may be recorded to establish title in the heirs.
- 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 Floyd County Circuit Court Clerk. You will typically need to bring:
- Original Last Will and Testament (if applicable)
- Certified Death Certificate
- Probate Information Form (CC-1650)
- List of Heirs (CC-1611)
- Filing fees and Probate Tax (Cash, check, or money order)
- Photo ID for the person qualifying
Step 3: Provide Notice
After qualification, you must:
- Mail notice of probate (Form 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.
Step 4: Inventory and Accounting
The personal representative has ongoing reporting duties to the Commissioner of Accounts:
- File an Inventory of estate assets within 4 months of qualification.
- File an Annual Accounting 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:
- Obtain a Tax ID (EIN) for the estate
- Open an estate bank account
- Pay valid debts and expenses
- Distribute remaining assets to beneficiaries
- File a final accounting to close the estate
Local Requirements
Floyd County-Specific Procedures
- Appointments: Probate qualifications are typically handled by appointment. Call (540) 745-9330 to schedule.
- Bonds: A surety bond is generally required unless the will explicitly waives it or the personal representative is the sole beneficiary.
- Commissioner of Accounts: Floyd County utilizes a local Commissioner of Accounts to review inventories and accountings. The Clerk will provide the Commissioner's contact information upon qualification.
- Publication: If the location of heirs is unknown, or for a "Show Cause" order against creditors, publication in The Floyd Press may be required.
Timeline & Fees
Filing Fees (Floyd 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 Fee: Approximately $16.00 for the first 10 pages (Will/List of Heirs)
- Qualification Fee: Varies based on estate value (typically $20-$50 range)
- Transfer Fee: $1.00 (if real estate is involved)
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may not be accepted for all fees or may incur a convenience fee.
Estimated Timelines
- Small Estates: 60-day waiting period for affidavit; no court administration.
- Simple Estates: 6-12 months.
- Average Estates: 12-18 months.
- Complex Estates: 18 months to 3+ years.
The timeline is heavily influenced by the 6-month creditor claim period and the approval process for accountings by the Commissioner of Accounts.
Local Resources
Floyd County Court Resources
- Court Website: floydcova.gov
- Probate Self-Help: Virginia Judicial System Probate
- Virginia Probate Forms: Circuit Court Forms
Legal Aid and Attorney Referrals
- Virginia State Bar Referral Service: vsb.org
- Blue Ridge Legal Services: (540) 344-2080 — Legal aid for low-income residents.
Publication
- The Floyd Press: (540) 745-2127 — Newspaper of general circulation in Floyd County.