Overview
New Kent County is located in Virginia with a population of approximately 27,218. The Circuit Court of New Kent County 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 Petition and the original will (if any) with the Clerk of the Circuit Court 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 valued at $50,000 or less (Virginia Small Estate Act), allowing assets to be transferred via affidavit after a 60-day waiting period without full probate administration.
State law imposes a probate tax of $1.00 per $1,000 of estate value, and New Kent County charges an additional local probate tax of roughly one-third of the state tax amount.
This guide provides an informational overview of the New Kent 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
Circuit Court of New Kent County
Probate matters in New Kent County are handled at the New Kent County Courthouse.
Address: 12001 Courthouse Circle, P.O. Box 98, New Kent, VA 23124
Phone: (804) 966-9520 (Clerk of Circuit Court)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Probate Division is part of the Clerk of the Circuit Court's office. It is recommended to call ahead to schedule an appointment for probate qualification to ensure a clerk is available to assist you.
Parking and Access
There is street parking available around the courthouse circle and designated parking lots near the county administration buildings. Security screening is required for entry into 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 is valued at $50,000 or less, you may be able to use a Small Estate Affidavit to transfer assets without formal qualification, after a 60-day waiting period.
- Small Asset Act: For individual assets valued at $25,000 or less, some custodians may release funds to a successor without an affidavit, though this is discretionary.
- 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 Petition with the Clerk of the Circuit Court. You will typically need to bring:
- Original Will and Codicils (if any)
- Certified Death Certificate
- Estimate of the estate's value (assets in the decedent's name alone)
- List of Heirs (Form CC-1611)
- Valid photo identification
- Payment for filing fees and probate tax
- Bond (if required; out-of-state fiduciaries always require a surety bond)
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 (Form CC-1617) with the Clerk's office within 4 months, certifying that notice was sent.
Step 4: Inventory and Accounting
The personal representative reports to the Commissioner of Accounts, an attorney appointed by the court to oversee estates:
- Inventory: Must be filed with the Commissioner of Accounts within 4 months of qualification.
- Accountings: The first accounting is due 16 months after qualification (covering the first 12 months). Subsequent accountings are filed annually.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Obtain an EIN for the estate
- Open an estate bank account
- Pay valid debts and taxes
- Distribute remaining assets to beneficiaries
- File a final accounting to close the estate
Local Requirements
New Kent County-Specific Procedures
- Appointments: The Clerk's office strongly encourages making an appointment for probate matters to ensure efficient service.
- Bonds: If the will does not waive surety, or if there is no will, a surety bond is typically required. The bond amount is usually set at the value of the personal estate plus the value of real estate if the executor has the power to sell.
- Commissioner of Accounts: New Kent County utilizes a local Commissioner of Accounts to review inventories and accountings. You will be given their contact information upon qualification.
- Publication: If the location of heirs is unknown, or in certain creditor situations, notice may need to be published in a newspaper of general circulation such as the Daily Press or Richmond Times-Dispatch.
Timeline & Fees
Filing Fees (New Kent County)
- State Probate Tax: $1.00 per $1,000 of estate value (for estates over $15,000)
- Local Probate Tax: $0.33 per $1,000 of estate value
- Qualification Fees: Varies based on estate value (typically $30-$50 base fee plus tax)
- List of Heirs Recording: Approximately $18
- Transfer Fee: $1.00 (if real estate is involved)
- Commissioner of Accounts Fees: Varies by asset value (set by statewide statutory schedule)
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (a convenience fee usually applies to cards).
Estimated Timelines
- Small Estate Affidavit: Minimum 60-day waiting period after death.
- Simple estates: 6-12 months (dependent on creditor period and tax filings).
- Average estates: 12-18 months.
- Complex or contested estates: 18 months to several years.
The creditor claim period in Virginia is generally 6 months, but the Commissioner of Accounts process dictates the filing schedule for accounts.
Local Resources
New Kent County Court Resources
- Court Website: New Kent County Circuit Court Clerk
- Virginia Judicial System Probate Info: Probate in Virginia
- State Probate Forms: Virginia Circuit Court Forms
Legal Aid and Attorney Referrals
- Virginia State Bar Lawyer Referral: (804) 775-0808 or (800) 552-7977 — vsb.org
- Central Virginia Legal Aid Society: (804) 648-1012
Publication
- Daily Press: (757) 247-4600 — dailypress.com
- Richmond Times-Dispatch: (804) 649-6000 — richmond.com