Overview
King and Queen County is located in Virginia with a population of approximately 6,747. The King and Queen 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 of Will and Appointment of Executor (or Appointment of Administrator) 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 simplified procedure for small estates. If the decedent's personal estate is valued at $75,000 or less (as of July 1, 2025), successors may use the Virginia Small Estate Act Affidavit to collect assets without formal probate administration, provided at least 60 days have passed since the death.
State law imposes a probate tax of 10 cents per $100 (or $1.00 per $1,000) on the value of the probate estate if it exceeds $15,000. Localities may impose an additional local probate tax equal to 1/3 of the state tax.
This guide provides an informational overview of the King and Queen 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
King and Queen Circuit Court
Probate matters in King and Queen County are handled at the King and Queen Courts and Administration Building.
Address: 242 Allens Circle, King and Queen C.H., VA 23085
Phone: (804) 785-5984 (Clerk's Office)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Circuit Court Clerk's Office is responsible for probate and the recordation of wills. It is recommended to call ahead to schedule an appointment for probate qualification.
Parking and Access
Public parking is available at the courthouse complex. Visitors should be prepared for security screening upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Virginia Small Estate Act: If the personal estate is valued at $75,000 or less, you may be able to use a Small Estate Affidavit after a 60-day waiting period.
- Non-Probate Transfers: Assets with named beneficiaries (POD/TOD accounts, life insurance) or held in joint tenancy with right of survivorship pass directly to the beneficiary.
- 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 of Will and Appointment of Executor (or Administrator) with the King and Queen Circuit Court. Include:
- Original Last Will and Testament (if any)
- Certified death certificate
- Probate Tax Return (Form CC-1651)
- List of Heirs (Form CC-1611)
- Filing fee and probate tax payment
- Valid photo identification
The Clerk's office may require you to schedule an appointment for the initial qualification.
Step 3: Provide Notice
After filing and qualification, you must:
- Mail notice of probate to all heirs and beneficiaries within 30 days of qualification (Form CC-1616).
- File an Affidavit of Notice (Form CC-1618) with the Clerk's Office within 4 months verifying that notice was sent.
Step 4: Attend the Hearing
Probate in Virginia is often an administrative process handled by the Clerk rather than a formal court hearing, unless the will is contested. The Clerk will review documents and, if in order, issue Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and potential claimants
- Inventory and appraise all estate assets and file an Inventory with the Commissioner of Accounts within 4 months.
- Pay valid creditor claims and taxes.
- File annual Accountings with the Commissioner of Accounts until the estate is closed.
- Distribute assets to beneficiaries.
Local Requirements
King and Queen County-Specific Procedures
- Appointment Required: It is strongly advised to call the Clerk's Office at (804) 785-5984 to schedule a probate appointment.
- Commissioner of Accounts: King and Queen County utilizes a Commissioner of Accounts to oversee inventories and accountings. The Clerk will provide the Commissioner's contact information upon qualification.
- Bond: A surety bond may be required unless the will waives it or all beneficiaries/heirs agree to waive it (and the court approves).
- Publication: If the identity or location of heirs is unknown, notice may need to be published in a newspaper of general circulation such as the Tidewater Review or Daily Press.
Timeline & Fees
Filing Fees (King and Queen County)
- State Probate Tax: $1.00 per $1,000 of estate value (for estates over $15,000).
- Local Probate Tax: Typically 1/3 of the state tax amount (check with Clerk for current local applicability).
- Recording Fee: Approximately $43.00 for the first 10 pages of the will/list of heirs, plus varying fees for additional pages.
- Qualification Fee: Varies based on estate value (typically $20-$30 range).
- Transfer Fee: $1.00 if real estate is involved.
Payment Methods
The court typically accepts cash, checks, and money orders. Credit cards may be accepted with a convenience fee — confirm with the Clerk before visiting.
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
King and Queen County Court Resources
- Court Website: King and Queen Circuit Court
- Probate Self-Help: Virginia Judicial System Probate Info
- Virginia Probate Forms: Circuit Court Forms
Legal Aid and Attorney Referrals
- Virginia State Bar Lawyer Referral: vlrs.net
- Central Virginia Legal Aid Society: (804) 648-1012 — cvlas.org
Publication
- Tidewater Review: (757) 220-2224 — Newspaper of general circulation in the area.
- Daily Press: (757) 247-4600 — Often used for legal notices in the region.