Overview
Pulaski County is located in Virginia with a population of approximately 33,579. The Pulaski 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 Small Estate Affidavit procedure for estates valued at $50,000 or less (Virginia Small Estate Act). This allows beneficiaries to collect assets without full probate administration after a 60-day waiting period.
Virginia imposes a state probate tax of $0.10 per $100 of the estate's value (for estates over $15,000), and Pulaski County charges a local probate tax of roughly 1/3 of the state tax ($0.0333 per $100).
This guide provides an informational overview of the Pulaski 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
Pulaski County Circuit Court
Probate matters in Pulaski County are handled at the Pulaski County Circuit Court Clerk's Office.
Address: 45 Third Street, N.W., Suite 101, Pulaski, VA 24301
Phone: (540) 980-7825 (Clerk's Office)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Circuit Court Clerk's office is responsible for recording wills and qualifying personal representatives. It is recommended to call ahead to schedule an appointment for probate qualification.
Parking and Access
Public parking is available near the courthouse on Third Street and surrounding streets. Visitors must pass through security screening upon entering the courthouse building.
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, you may be able to use the Virginia Small Estate Affidavit after 60 days have passed since the death.
- Transfer on Death / Survivorship: Assets with named beneficiaries or held in joint tenancy with right of survivorship pass outside of probate.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file the Probate Information Form (CC-1650) with the Pulaski County Circuit Court Clerk. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the death certificate
- Valid photo identification
- Payment for filing fees and probate tax
- List of Heirs (Form CC-1611)
It is highly recommended to call the Clerk's office at (540) 980-7825 to schedule an appointment for probate.
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.
Step 4: Inventory and Accounting
- Inventory: File an Inventory (Form CC-1670) with the Commissioner of Accounts within 4 months of qualification.
- Accounting: File a First Accounting with the Commissioner of Accounts within 16 months of qualification (covering the first 12 months).
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and pay valid debts
- Collect and manage estate assets
- File federal and state tax returns as needed
- Distribute remaining assets to beneficiaries
- File a final accounting to close the estate
Local Requirements
Pulaski County-Specific Procedures
- Appointments: The Clerk's office typically requires or strongly encourages appointments for probate qualification to ensure a clerk is available to assist you.
- Commissioner of Accounts: Pulaski County utilizes a Commissioner of Accounts to review inventories and accountings. The Clerk will provide the Commissioner's contact information upon qualification.
- Bonds: A surety bond is generally required unless the will waives it or all beneficiaries are also the personal representatives (and the court allows).
- Publication: If the identity or location of heirs is unknown, an Order of Publication in The Southwest Times may be required.
Always check with the Clerk's office for the most current local rules regarding payment methods and document requirements.
Timeline & Fees
Filing Fees (Pulaski County)
- State Probate Tax: $1.00 per $1,000 of estate value (estates >$15,000)
- Local Probate Tax: ~$0.33 per $1,000 of estate value
- Qualification Fees: Approximately $40 - $60 (varies by document count)
- List of Heirs Recording: Approximately $18
- Transfer Fee: Approximately $1.00 (if real estate is involved)
Note: Fees are subject to change. Bring cash, check, or money order; credit cards may incur a convenience fee.
Payment Methods
The court typically accepts cash, checks, and money orders. Confirm credit card acceptance and any associated convenience fees directly with the Clerk.
Estimated Timelines
- Small Estate (Affidavit): Minimum 60-day waiting period
- Simple estates: 6-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
Key milestones include the 4-month deadline for Inventory and the 16-month deadline for the First Accounting.
Local Resources
Pulaski County Court Resources
- Court Website: Pulaski Circuit Court
- Probate Self-Help: Virginia Judicial System Probate Info
- Virginia Probate Forms: Circuit Court Forms
Legal Aid and Attorney Referrals
- Virginia State Bar Referral Service: Virginia Lawyer Referral Service
- Blue Ridge Legal Services: (540) 344-2080 — Legal aid for low-income residents
- Virginia Legal Aid: valegalaid.org
Publication
- The Southwest Times: (540) 980-5220 — Local newspaper for legal notices
- The Roanoke Times: (540) 981-3100 — Regional newspaper