The Clerk acts as a probate judge when a last will and testament is presented to the Clerk for legal probate of an estate.
The Clerk ensures the authentication of the will, conducts a legal hearing with witnesses, makes a legal appointment of an executor or administrator of a decedent’s estate and prepares legal documents and orders related to the handling of the estate. The Clerk collects the applicable estate taxes for the Commonwealth.
The Clerk is also responsible for the appointment and qualification of guardians for minors or incapacitated adults.
- Courtesy of the Virginia Court Clerks' Association
To begin the process of probate, the following resources are available for assistance:
- A Guide to the Administration of Decedents’ Estates in Virginia
- FAQs: Probate Process Guide
- State Court Forms
- DMV Guide