Overview
King William County is located in Virginia with a population of approximately 19,232. The King William 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) 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 for estates valued at $75,000 or less (effective July 1, 2025). This allows successors to claim assets after 60 days without formal administration.
Virginia imposes a state probate tax of $1.00 per $1,000 of value, and King William County adds a local tax of 1/3 that amount.
This guide provides an informational overview of the King William 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 William Circuit Court
Probate matters in King William County are handled at the King William County Courthouse.
Address: 351 Courthouse Lane, Suite 130, King William, VA 23086
Phone: (804) 769-4936 (Probate Division)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Circuit Court Clerk's Office is located in the historic courthouse complex. The probate division handles the recording of wills and qualification of personal representatives.
Parking and Access
Free parking is available in the lot adjacent to the courthouse complex.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Virginia Small Estate Act Affidavit: If the decedent's personal estate is valued at $75,000 or less (as of July 1, 2025), successors may file a Small Estate Affidavit after 60 days have passed since the death to collect assets without full probate.
- Payment or Delivery of Small Asset: For assets valued at $25,000 or less, certain successors may request payment or delivery without an affidavit or qualification, subject to specific conditions.
- 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 Information Form (CC-1650) with the King William Circuit Court. Include:
- Probate Information Form (CC-1650)
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- State and local probate taxes plus clerk's fees (approx. $1.33 per $1,000 of value + recording fees)
- List of Heirs (Form CC-1611)
E-filing is generally not available for initial probate petitions; original documents must be presented.
Step 3: Provide Notice
After filing, you must:
- Mail notice of probate (Form CC-1616) to all heirs, beneficiaries, and interested parties within 30 days after qualification.
- Publish notice in a newspaper of general circulation in King William County if a Debts and Demands hearing is requested or for a Show Cause order.
Step 4: Attend the Hearing
Probate is typically handled administratively by appointment with the Clerk. If a formal hearing is required for a contested matter, the court will schedule it. At the appointment, the Clerk reviews the documents and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notice to creditors is not automatically required unless a Debts and Demands hearing is requested, but it is recommended to protect the personal representative.
- Inventory and appraise all estate assets within 4 months
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
King William County-Specific Procedures
- Appointment Required: The Clerk's office typically requires an appointment for probate qualification. Call (804) 769-4936 to schedule.
- Bond: Surety bond is required unless waived by the will or statute. Out-of-state fiduciaries must have a resident agent.
- Fiduciary Commissioner: Complex estates may be referred to a Commissioner of Accounts for auditing.
- Publication: Notice must be published in a newspaper of general circulation in King William County for four successive weeks if required for debts/demands.
Probate is by appointment only. Original will required.
Timeline & Fees
Filing Fees (King William County)
- Probate Tax (State & Local): approximately $1.33 per $1,000 of estate value
- Clerk's Recording Fee: approximately $18-$26 for first few pages
- Certified copies of Letters: approximately $3.00 per certified copy
- Publication costs: approximately $150-$300 depending on the newspaper
- List of Heirs recording fee: ~$18
Virginia does not have a statutory percentage fee for personal representatives; "reasonable compensation" is allowed, often 5% of the estate value.
Payment Methods
The court accepts cash, check, or money order. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
Note any factors that affect timeline, e.g., creditor claim periods, court scheduling.
Local Resources
King William County Court Resources
- Court Website: kwc.gov
- Probate Self-Help: Virginia Judicial System Self-Help
- Virginia Circuit Court Forms: Virginia Circuit Court Forms
Legal Aid and Attorney Referrals
- Virginia State Bar: (804) 775-0500 — Lawyer Referral Service
- Central Virginia Legal Aid Society: (804) 648-1012 — Legal aid for low-income residents
- Virginia Lawyer Referral Service: vsb.org
Publication
- Country Courier: (804) 769-3020 — Local newspaper of general circulation
- Tidewater Review: (757) 220-2224 — Regional newspaper