Where do I file for probate in Richmond County?

File at the Richmond County Circuit Court, 101 Court Circle, Warsaw, VA 22572. Call (804) 333-3781 for an appointment.

How much does probate cost in Richmond County?

Fees include a state tax ($1/$1,000), local tax (33% of state), and recording fees. Publication costs ~$150-$300.

Can I avoid probate in Richmond County with a small estate?

Yes, if the estate is valued at $50,000 or less, you can use the Small Estate Affidavit after a 60-day waiting period.

How long does probate take in Richmond County?

Simple estates take 6-12 months. Complex estates can take 18 months or more due to accounting requirements.

Do I need an attorney for probate in Richmond County?

Virginia does not require an attorney, but probate can be complex. The Virginia State Bar offers a referral service if legal advice is needed.

Richmond County Probate Guide: Courts, Fees & Process (2026)

Overview

Richmond County is located in Virginia with a population of approximately 9,200. The Richmond 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 Code of Virginia Title 64.2. The process begins with filing a Probate Information Form (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 procedure for estates valued at $50,000 or less (as of 2025). This allows assets to be claimed without full probate administration after a 60-day waiting period.

Virginia imposes a state probate tax of $1.00 per $1,000 of estate value, plus a local tax (typically 1/3 of the state tax). Recording fees also apply based on the number of pages.

This guide provides an informational overview of the Richmond 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

Richmond County Circuit Court

Probate matters in Richmond County are handled at the Richmond County Circuit Court.

Address: 101 Court Circle, Warsaw, VA 22572

Phone: (804) 333-3781 (Probate Division)

Hours: Monday through Friday, 9:00 AM to 5:00 PM

The Circuit Court is located in the historic courthouse in Warsaw. The Clerk's Office handles probate filings and appointments.

Parking and Access

Free parking is available around the courthouse square. Security screening is required for entry.

Filing Process

Step 1: Determine If Probate Is Necessary

Before filing, assess whether formal probate is required:

Small Estate Affidavit: If the estate consists of personal property valued at $50,000 or less, you may use the Virginia Small Estate Affidavit after 60 days.
Transfer on Death (TOD) Deeds: Real estate can be transferred directly to beneficiaries if a TOD deed was recorded prior to death.
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 (Form CC-1650) with the Richmond County Circuit Court. Include:

Original Last Will and Testament (if applicable)
Certified Death Certificate
List of Heirs (Form CC-1611)
Probate tax and recording fees (check, cash, or money order)
Valid photo ID of the petitioner

E-filing is generally not available for initial probate petitions; in-person filing is required.

Step 3: Provide Notice

After filing, you must:

Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 10 days before the hearing (if a formal hearing is required), or mail Notice of Probate (Form CC-1616) within 30 days of qualification.
Publish notice in a newspaper of general circulation in Richmond County for two successive weeks (if required for debts and demands).

Step 4: Attend the Hearing

The court will schedule a hearing on the petition, typically immediately (if uncontested) upon appointment with the clerk. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.

Step 5: Administer the Estate

After receiving Letters, the personal representative must:

Notify creditors (optional but recommended to start the 4-month claim period)
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

Richmond County-Specific Procedures

Appointment: Probate appointments are recommended. Call (804) 333-3781 to schedule.
Bond requirements: Surety bond is required unless waived by the will or all beneficiaries.
Fiduciary Commissioner: Complex estates may be referred to a Commissioner of Accounts.
Publication: Notice must be published in a newspaper of general circulation in Richmond County for two successive weeks.

The Commissioner of Accounts must approve the inventory and accounting, which can extend timelines.

Timeline & Fees

Filing Fees (Richmond County)

State Probate Tax: $1.00 per $1,000 of value
Local Probate Tax: ~33% of state tax
Certified copies of Letters: approximately $18 per certified copy
Publication costs: approximately $150-$300 depending on the newspaper
Recording Fee: ~$43.00 (varies by page count)

Executors are typically entitled to "reasonable compensation," often calculated as 5% of the first $400,000 of assets.

Payment Methods

The court accepts cash, check, or money order. Credit cards may not be accepted for probate fees.

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