Overview
Montgomery County is located in Virginia with a population of approximately 99,000. The Montgomery 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 simplified procedure for small estates. If the decedent's personal assets are valued at $50,000 or less (recently increased to $75,000 under new 2025 legislation), successors may use a Small Estate Affidavit to collect assets without full probate administration after a 60-day waiting period.
Virginia law requires a state probate tax of $1.00 for every $1,000 of estate value (for estates over $15,000), plus a local probate tax of roughly one-third that amount. Executors are also entitled to reasonable compensation, typically capped at 5% of the estate's value.
This guide provides an informational overview of the Montgomery 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
Montgomery County Circuit Court
Probate matters in Montgomery County are handled at the Montgomery County Courthouse.
Address: 55 East Main Street, Suite 1, Christiansburg, VA 24073
Phone: (540) 382-5760 (Probate Division)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Probate Division is located within the Clerk of the Circuit Court's office. Appointments are strongly recommended for opening an estate to ensure a clerk is available to assist you.
Parking and Access
Public parking is available in the Pepper Street lot located behind the courthouse. Street parking is also available on Main Street and surrounding areas, though time limits may apply. Visitors must 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 estate's personal property is valued at $50,000 or less (or $75,000 under updated statutes), you may be able to collect assets via affidavit after 60 days without formal qualification.
- Transfer on Death: Real estate with a recorded Transfer on Death Deed and accounts with designated beneficiaries bypass 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 Montgomery County Circuit Court Probate Division. You will generally need to bring:
- Probate Information Form (CC-1650)
- Original Last Will and Testament (if applicable)
- Certified Death Certificate
- Estimate of Assets (to determine bond and taxes)
- Cash, check, or credit card for filing fees and probate tax
- Valid Photo ID
Electronic filing is generally not available for the initial opening of probate; it must be done in person.
Step 3: Provide Notice
After qualification, the personal representative must:
- Mail notice of probate (Form CC-1616) to all heirs and beneficiaries within 30 days of qualification.
- File an Affidavit of Notice (Form CC-1617) with the Clerk's office within 4 months verifying that notice was sent.
Step 4: Inventory and Appraisal
The personal representative must file a complete Inventory of estate assets with the Commissioner of Accounts within 4 months of qualification. This document lists the fair market value of all assets under the executor's control.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and pay valid debts.
- File federal and state tax returns as needed.
- File an Accounting with the Commissioner of Accounts within 16 months of qualification (and annually thereafter if the estate remains open).
- Distribute remaining assets to beneficiaries.
Local Requirements
Montgomery County-Specific Procedures
- Appointments: The Clerk's office highly recommends scheduling an appointment for probate qualification to avoid long wait times.
- Commissioner of Accounts: Montgomery County utilizes a Commissioner of Accounts to oversee inventories and accountings. The Clerk will provide you with the Commissioner's contact information upon qualification.
- Bond: A surety bond is typically required unless the will waives it or all beneficiaries are also executors.
- Publication: If debts are unknown, a "Debts and Demands" hearing may be requested, which requires publication in a local newspaper like The News Messenger or The Roanoke Times.
Timeline & Fees
Filing Fees (Montgomery County)
- State Probate Tax: $1.00 per $1,000 of estate value (if value exceeds $15,000).
- Local Probate Tax: Approximately $0.33 per $1,000 (1/3 of state tax).
- Qualification Fee: Varies based on estate value (typically $30–$50+).
- Transfer Fee: ~$1.00.
- List of Heirs Fee: ~$18.00.
- Commissioner of Accounts Fees: Varies by estate value (e.g., Inventory fee starts around $110; Accounting fee starts around $220).
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (Visa/Mastercard). A convenience fee (usually 4%) applies to card transactions.
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
Montgomery County Court Resources
- Court Website: montva.com/1/departments-services/clerk-of-circuit-court
- Probate Self-Help: vacourts.gov/courts/circuit/resources/probate_in_virginia.pdf
- Virginia Probate Forms: vacourts.gov/forms/circuit/fiduciary.html
Legal Aid and Attorney Referrals
- Virginia State Bar Referral Service: (800) 552-7977 — vlrs.net
- Blue Ridge Legal Services: (540) 344-2080 — brls.org
Publication
- The News Messenger: (540) 389-9355 — Local legal notices
- The Roanoke Times: (540) 981-3100 — Regional circulation