Overview
Henrico County is located in Virginia with a population of approximately 338,000. The Henrico 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 a petition 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 valued at $75,000 or less (as of recent legislative updates). This allows beneficiaries to collect assets without full probate administration after a 60-day waiting period.
Probate taxes in Virginia include a state tax of $1.00 per $1,000 of estate value and a local tax of $0.33 per $1,000. There is no separate inheritance tax.
This guide provides an informational overview of the Henrico 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
Henrico County Circuit Court Clerk's Office
Probate matters in Henrico County are handled at the Henrico County Courts Building.
Address: 4309 E. Parham Road, Room 240, Henrico, VA 23228
Phone: (804) 501-4202 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:00 PM (verify with court)
The Probate Division is located on the second floor of the Courts Building. It is highly recommended to schedule an appointment for probate qualification to ensure a clerk is available to assist you.
Parking and Access
Free public parking is available in the parking deck and lots surrounding the Courts Building. Security screening is required for entry; cell phones and electronic devices are generally prohibited or restricted within 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 probate estate is valued at $75,000 or less, you may be able to use the Virginia Small Estate Act affidavit after 60 days have passed since the death.
- Transfer on Death: Real estate with a recorded Transfer on Death Deed and accounts with beneficiary designations avoid 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 Henrico County Circuit Court Probate Division. 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)
- Probate Tax Return (CC-1651)
- Filing fees (State and local probate tax, plus clerk fees)
- Valid Photo ID for the personal representative
Step 3: Provide Notice
After qualification, you must:
- Mail Notice of Probate to all heirs and beneficiaries within 30 days of qualification.
- File an Affidavit of Notice (CC-1618) with the Clerk's Office verifying that notice was sent.
Step 4: Attend the Hearing
In Virginia, the initial "hearing" is often an administrative meeting with the Probate Clerk to qualify as executor. If the will is self-proving, no witnesses are needed. If not, witnesses to the will may need to appear or provide depositions.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and potentially publish a Notice to Creditors if required.
- File an Inventory with the Commissioner of Accounts within 4 months of qualification.
- Pay valid debts and taxes.
- File an Accounting with the Commissioner of Accounts within 16 months (and annually thereafter if the estate remains open).
- Distribute remaining assets to beneficiaries.
Local Requirements
Henrico County-Specific Procedures
- Appointments: The Clerk's Office strongly encourages scheduling an appointment for probate matters to avoid long wait times.
- Commissioner of Accounts: Henrico County utilizes a Commissioner of Accounts to oversee inventories and accountings. The Commissioner reviews all financial filings for accuracy.
- Bond: A surety bond is typically required for administrators (intestate) and for executors unless the will explicitly waives it.
- Publication: If a Notice to Creditors is required (Debts and Demands hearing), it must be published in a newspaper of general circulation such as the Richmond Times-Dispatch.
Always check with the Probate Clerk for the most current local rules regarding e-filing and document requirements.
Timeline & Fees
Filing Fees (Henrico County)
- State Probate Tax: $1.00 per $1,000 of estate value (estates over $15,000)
- Local Probate Tax: $0.33 per $1,000 of estate value
- Clerk's Fee: Varies (typically ~$18 - $30 depending on recording pages)
- Qualification Fee: Varies based on estate value (typically $20 - $50)
- Transfer Fee: $1.00 (if real estate is involved)
- List of Heirs Recording Fee: ~$18.00
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (a convenience fee usually applies to cards).
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 requirement to file an accounting 16 months after qualification.
Local Resources
Henrico County Court Resources
- Court Website: henrico.gov/services/probate
- Probate Self-Help: Virginia Judicial System Probate Guide
- Virginia Probate Forms: VA Court Forms
Legal Aid and Attorney Referrals
- Henrico County Bar Association: (804) 261-6155 — Lawyer referral service
- Central Virginia Legal Aid Society: (804) 648-1012 — Legal aid for low-income residents
- Virginia State Bar Lawyer Referral: vlrs.net
Publication
- Richmond Times-Dispatch: (804) 649-6000 — Major regional newspaper
- Henrico Citizen: (804) 262-1700 — Local county news