Overview
Tazewell County is located in Virginia with a population of approximately 38,875. The Tazewell 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 (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 allows for a Small Estate Affidavit if the personal estate does not exceed $50,000 (check current statutes as limits may vary). There is also a procedure for payment of small assets under $25,000 without an affidavit in certain circumstances.
Virginia imposes a state probate tax of $1.00 per $1,000 of estate value, plus a local tax of roughly 1/3 of the state tax.
This guide provides an informational overview of the Tazewell 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
Tazewell County Circuit Court
Probate matters in Tazewell County are handled at the Tazewell County Courthouse.
Address: 135 Court Street, Suite 202, Tazewell, VA 24651-1071
Phone: (276) 385-1228 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Court Clerk's Office is located in the courthouse. Probate matters are handled by the Probate Division.
Parking and Access
Public parking is available on the streets surrounding the courthouse and in nearby public lots.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the personal estate is valued at $50,000 or less (excluding real estate), heirs may be able to use an affidavit to collect assets after a 60-day waiting period.
- Payment/Delivery of Small Asset: Assets valued at $25,000 or less may sometimes be paid to a successor without an affidavit.
- 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 Tazewell County Circuit Court. Include:
- Original Last Will and Testament (if applicable)
- Probate Information Form (CC-1650)
- Certified copy of the death certificate
- Applicable probate tax and qualification fees (approx. $1.33 per $1,000 of value plus clerk fees)
- List of Heirs (Form CC-1611)
E-filing is generally not available for initial probate petitions; original documents are required.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 30 days before the hearing (Note: In Virginia, Notice of Probate is typically sent after qualification, within 30 days).
- Publish notice in a newspaper of general circulation in Tazewell County (Publication is not mandatory for standard qualification, but may be used for Debts and Demands hearings)
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically immediately (if administrative) or scheduled (if judicial) after filing. 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:
- File an Affidavit of Notice (Form CC-1617) and optionally request a Debts and Demands hearing
- 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
Tazewell County-Specific Procedures
- Appointment: Probate appointments are strongly recommended; call (276) 385-1228 to schedule.
- Bond: Surety bond is required unless waived by the will or statute.
- Fiduciary Forms: State forms (CC series) are used.
- Publication: Notice must be published in a newspaper of general circulation in Tazewell County if required for specific hearings.
Probate is handled by the Clerk's Office, usually by appointment.
Timeline & Fees
Filing Fees (Tazewell County)
- Probate Tax (State + Local): approximately $1.33 per $1,000 of estate value
- Clerk's Fee: approximately $18.00 - $30.00 (varies by estate size)
- Certified copies of Letters: approximately $18 per certified copy
- Publication costs: approximately $150-$200 depending on the newspaper
- List of Heirs Recording Fee: approximately $18.00
Virginia uses a "reasonable compensation" standard for fiduciaries, often based on a guideline of ~5% of income and ~5% of the first $400k of assets.
Payment Methods
The court accepts cash, check, or money order. Credit cards may incur 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
Commissioner of Accounts review can extend timelines.
Local Resources
Tazewell County Court Resources
- Court Website: tazewellcountyva.org
- Probate Self-Help: Virginia Judicial System Probate Self-Help
- Virginia Probate Forms: Circuit Court Fiduciary Forms
Legal Aid and Attorney Referrals
- Virginia State Bar: (804) 775-0500 — Statewide regulatory agency for lawyers.
- Southwest Virginia Legal Aid Society: (276) 988-5583 — Legal assistance for low-income residents.
- Virginia Lawyer Referral Service: vsb.org
Publication
- Bluefield Daily Telegraph: (304) 327-2816 — Regional daily newspaper serving Tazewell County.
- Clinch Valley News: (276) 964-2118 — Weekly newspaper published in Tazewell.