Probate

The purpose of this information is to better inform the general public of procedural matters involved in the administration of estates. Nothing contained herein is intended to advise anyone as to legal remedies for a particular circumstance. Circuit Court Clerks and their Deputy Clerks cannot render legal advice.

Specific procedural questions may be answered by calling this office. If you have a problem involving the legal interpretation of Virginia statutes pertaining to estates, you may wish to contact an attorney licensed in the Commonwealth of Virginia. Wills probated in the Office of the Clerk of Circuit Court of the city of Roanoke are fully searchable in the public records room on the third floor of the Roanoke City Courthouse.
  1. What terms are involved in the administration of estates?
  2. When should a will be probated, or, if there is no will, when should a personal representative be appointed?
  3. Who inherits the property of an intestate (person dying without a will)?
  4. How long does it take to probate a will or appoint a personal representative on an intestate's estate?
  5. Is it always necessary to have someone qualify as a personal representative on a decedent's estate?
  6. Who will qualify as an executor under a will?
  7. Who has jurisdiction to qualify administrators on a decedent's estate in Virginia?
  8. Where should I go to qualify as a personal representative on someone's estate?
  9. What information must I have available at the time of qualification?
  10. What are the basic duties of a fiduciary (executor or personal representative)?
  11. Is an executor or administrator compensated?
  12. Is this everything I need to know about administering estates?
  13. What must a personal representative do to have a will admitted to probate?
  14. What taxes and fees are associated with probate?
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