Probate & Wills

Administrator: A person appointed by the court to handle and close the estate of someone who died without a valid will.

Attested Will: A written will that is signed by the person who made it (the testator) and witnessed by at least two witnesses. The witnesses must be present at the same time and sign the will in the testator’s presence. Many attested wills include a self-proving affidavit attached at the end.

Beneficiary: A person or organization named, often in a will or trust, to receive property or assets from a deceased person’s estate.

Bond: A written promise filed with the Clerk of Court that the personal representative will perform their legal duties properly. A bond may be:

• Personal: based only on the personal representative’s promise, without an insurance company backing it; or
• Surety (secured): backed by an insurance company which may be held financially responsible if the personal representative fails to perform their duties.

Certificate of Qualification: An official document, issued and sealed by the Clerk of Court, showing that a person has been authorized to act as the personal representative of an estate. This document is sometimes called Letters Testamentary.

Commissioner of Accounts: A person appointed by the Court to review and oversee the reports and actions of personal representatives handling estates.

Conservator: A person or organization appointed by the court to manage the financial affairs of an adult who cannot manage them independently.

Creditor: A person or organization to whom the deceased person owed money at the time of death.

Curator: A person appointed by the court to temporarily manage and protect a deceased person’s estate until a personal representative is qualified.

Decedent: A person who has died.

Estate: All property owned or controlled by the decedent at the time of death, including real estate, personal property, and other assets.

Executor: The person named in a will to manage and settle the estate, who agrees to serve by officially qualifying before the Clerk of Court.

Fiduciary: A person legally responsible for managing another person’s property or affairs with honesty and care. This term includes executors, administrators, guardians, conservators, and trustees.

Guardian: A person or organization appointed by the court to manage the personal affairs of someone who cannot do so themselves.

Heirs/Heirs at Law: The people who are legally entitled to inherit a deceased person’s estate when there is no valid will, as determined by Virginia law.

Holographic Will: A will that is written entirely in the handwriting of the person who made it.  

Intestate: Dying without a valid will.

Intestate Succession: The legal rules that determine who inherits property and in what amounts when someone dies without a will.

Letters Testamentary: Another name for a Certificate of Qualification.

Living Trust: A legal arrangement created during a person’s lifetime in which assets are placed into a trust to be managed for their benefit and later distributed to beneficiaries, either during life or after death.

Personal Representative: A general term for the person legally responsible for managing an estate. This includes either an executor (named in a will) or an administrator (appointed when there is no will).  

Probate: The legal process of proving and recording a will, appointing a personal representative, and overseeing the administration of a deceased person’s estate.

Qualification: The formal process by which a person is officially appointed by the Clerk of Court to serve as the personal representative of an estate.

Self-Proving Affidavit: A notarized statement signed or acknowledged by the testator and witnesses that confirms the will was properly signed and witnessed, allowing it to be accepted by the court without additional testimony.

Survivorship Rights: A legal rule that allows property owned jointly to automatically pass to the surviving owner when one owner dies, without going through probate.

Testate: Dying with a valid will.

Testator: A person who makes a will.

Will: A written document that states how a person wants their property and assets distributed after death.  

What Is Probate?

Probate is the legal process used to handle a person’s property and debts after they die. Probate court records, including information about assets and debts, are generally open to the public.

Probate does not control all property. It only controls probate assets, which are assets that:

• the person owned at the time of death, and
• do not already have a way to transfer to someone else.

Examples of probate assets may include:

• A house owned only in the deceased person’s name
• A bank account with no joint owner or beneficiary
• Personal property owned solely by the deceased person

Examples of non-probate assets include:

• Property with survivorship rights (such as jointly owned property)
• Accounts with named beneficiaries (such as life insurance or retirement accounts)
• Assets held in a trust.

The probate process may include:

• Validation of the Will: The court reviews the Last Will and Testament to make sure it is valid and was properly signed and witnessed.
• Appointment of a Personal Representative: A person, called an executor (if named in a will) or an administrator (if there is no will) is appointed to manage the estate.
  • A personal representative has no legal authority to act until they are formally qualified by the Clerk of Court. The process includes taking an oath and giving bond.
  • Once qualified, the personal representative may collect estate assets, pay bills, file taxes, and sue or be sued on behalf of an estate.
• Asset Distribution: After debts and taxes are paid, any remaining property is distributed to heirs or beneficiaries according to the will, or if there is no will, according to Virginia law.

Where Probate Must Be Filed

Probate must be filed in the county or city where the person last lived.

• The Arlington County Circuit Court has jurisdiction if the decedent lived in:
  • Arlington County, or
  • The City of Falls Church
• If the decedent lived in a nursing home, probate is usually filed where the person lived before entering the nursing home.

When Probate Is Not Required

Probate may not be necessary if the person who died:

• Owned all assets jointly with someone else who has survivorship rights
• Owned all assets in a living trust
• Named beneficiaries on all accounts
• Owned probate assets worth $75,000 or less and qualifies to use a Virginia Small Estate Act Affidavit
• Only owned a motor vehicle

Who can be appointed as personal representative of an estate?

• If the decedent died with a will (testate): The person with legal priority is the person named in the will to serve as personal representative or executor.
• If the decedent died without a will (intestate): The decedent’s legal heirs have the first right to qualify as administrator.
  • For the first 30 days after death, the Clerk cannot appoint one heir unless all other heirs agree in writing.
  • After 30 days, the Clerk may appoint an heir without all heirs’ consent.
  • After 60 days, the Clerk may appoint any qualified person requesting appointment.

If There Is A Will

(Testate Estate)

Admitting a Will to Probate

The Clerk of the Circuit Court can only probate an original will. Copies cannot be accepted. Once admitted to probate, the original will becomes a permanent court record and will not be returned. The clerk can provide certified copies of wills once admitted to record.

To be valid in Virginia, a will must be:

• written entirely in the testator’s (person making will) handwriting (holographic will); or
• be witnessed by two people (attested will).

An original will’s execution must be proven in one of the following ways:

• The will includes a self-proving affidavit, a writing attached to the will that was signed by the testator and witnesses before a notary public and contains the required legal language (see Va. Code §§ 64.2-452, 64.2-453); or
• Testimony from the will’s witnesses is provided using depositions or in-person testimony before the Clerk.
• For a holographic will, two disinterested witnesses must testify that the document shown to them is written in the decedent's handwriting.

Forms:

• Deposition to Will Without Self-Proving Clause (Form CC-1601)
• Deposition of Witness to Prove Holographic Will (Form CC-1602)
• Deposition of Witness to Prove Signatures of Deceased Attesting Witness and of the Testator (Form CC-1603)

Executor Named in a Will

• If the named executor has died or does not want to serve, the next named executor may qualify.
• If no executor is named, or all named executors decline, only the Clerk or Court can appoint an administrator c.t.a., who is a person with the authority of an executor but with a different title.  

If an executor does not wish to qualify:

• They must sign a notarized Waiver of Qualification (Form CC-1608).

   

  If There Is No Will

  (Intestate Estate)

• The decedent’s legal heirs have the first right to qualify as administrator.
• For the first 30 days after death, the Clerk cannot appoint one heir unless all other heirs agree in writing.
• After 30 days, the Clerk may appoint an heir without all heirs’ consent.
• After 60 days, the Clerk may appoint any qualified person requesting appointment.

Form CC-1608 (Waiver of Qualification) can be used by heirs to designate an Administrator or a residual or substantial legatee (person to whom decedent willed property) to designate an Administrator c.t.a.

A later-discovered will can be admitted after a personal representative has qualified on an intestate estate.

Other Roles the Clerk Can Qualify

Testamentary Trustee

A testamentary trust is created by a will. The Clerk can only qualify a testamentary trustee who is named in a will.

Guardian/Conservator

A guardian is responsible for the personal affairs of an Incapacitated Adult, which may include decisions regarding the person’s health and safety as specifically listed in the court order.  

A conservator has a fiduciary duty to manage the financial affairs of an Incapacitated Adult.

The Clerk will qualify a guardian and/or conservator of an Incapacitated Adult once they are appointed by Court Order. A petition requesting appointment of a guardian and/or conservator is filed with the Civil Division of the Circuit Court.

Guardian of Minor’s Estate

The Clerk can appoint and qualify a guardian of a minor’s estate. If the minor is age fourteen or older, they may, in the presence of the Court or Clerk, or in writing acknowledged before an officer qualified to take acknowledgements, nominate their own guardian.

A bond is required for all estate fiduciaries, including personal representatives, guardians, conservators and trustees. A bond is a financial safeguard for the benefit of heirs, beneficiaries, and creditors to ensure estate assets are properly handled.

There are two types of bonds: personal bonds and surety bonds. What’s the difference?

Personal Bond

(No Bonding Company)

A personal bond does not involve a bonding company or insurance policy.

What it Means

• You personally promise the court that you will properly manage the estate.
• No money is paid upfront.
• There is no third‑party guarantor.

Important to Understand

• If estate funds are misused, you are personally responsible for repaying the loss.
• The bond amount is usually set at twice the estate value.

When a Personal Bond May Be Allowed

• The will waives bond, or
• You are the sole heir, and
• You are a Virginia resident, and/or
• The estate is under $35,000

Surety Bond

(Bonding Company Required)

A surety bond is obtained through a bonding or insurance company.

What it Means

• The bonding company guarantees the estate will be protected.
• If estate funds are mishandled, the bonding company pays the estate first.
• The company may later seek repayment from you.

What You Must Do

• Apply through a bonding company
• Receive pre‑approval before you submit your Probate Application
• Pay an annual premium

Bond Amount

• Typically set at the estimated estate value plus 10%

Before You Submit Your Probate Application

If a surety bond is required:

• You must contact a bonding company and obtain pre‑approval.
• • You may use any licensed bonding company willing to come to our office to sign paperwork.
• The Probate Office cannot begin the qualification process without proof of pre‑approval.

Important to Know

• Bond amounts may change later if estate assets increase.
• The Commissioner of Accounts reviews bond amounts when inventories and accountings are filed.

Requirements for Non‑Virginia Residents

If you live outside Virginia and a bond is required:

• You must appoint a Virginia resident to act as your registered agent.
• This appointment must be signed or confirmed in a notarized affidavit (Form CC‑1610).

Scheduling an Appointment

The Clerk handles probate by appointment only, Monday through Thursday.

• In-person appointments: approximately 30-45 minutes
• Remote appointments: approximately 15 minutes

Guardian/Conservator of Incapacitated Adult qualifications are first-come, first-served in the Probate Office after court on Fridays. Request the signed Order before leaving the courtroom.

To schedule:

• Call (703) 228-4376
• Email probate@arlingtonva.us

Documents Required Before Qualification

You do not need an appointment to drop off documents.

If you plan to qualify as an executor or administrator, you must submit:

• The original will (if one exists)
• A certified death certificate
• A completed Application for Probate and Qualification of Personal Representative(PDF, 265KB)
• A copy of the executor’s or administrator’s photo ID
• Any required witness depositions or waivers
  • Waiver of Qualification (CC-1608)
  • Consent of Nonresident Fiduciary for Service of Process (CC-1610)
  • Deposition to Will Without Self-Proving Clause (Form CC-1601)
  • Deposition of Witness to Prove Holographic Will (Form CC-1602)
  • Deposition of Witness to Prove Signatures of Deceased Attesting Witness and of the Testator (Form CC-1603)

If you plan to qualify as a testamentary trustee, you must submit:

• A completed Trust Information Form (CC-1654)
• A copy of the trustee’s photo ID
• Proof of surety bond pre-approval, if required

If you plan to qualify as a guardian of a minor’s estate, you must submit:

• A completed Guardian of Minor Information Form (CC-1653)
• A copy of the guardian’s photo ID
• Proof of surety bond pre-approval, if required
• If minor is 14 years or older, notarized consent form

The Probate Office will prepare the qualification documents, calculate fees and probate taxes, and contact you to schedule the appointment. Payment of the fees and probate taxes will be due at the time of the appointment.

If you plan to qualify as a guardian and/or conservator of an Incapacitated Adult, submit no later than the day before the hearing:

• The proposed order and
• Completed Incapacitated Adult Information Form (CC-1652)

Email: probate@arlingtonva.us
Fax: (703) 228-5309

Arlington County Circuit Court, Probate Office
1425 North Courthouse Road, Room 6300
Arlington, VA 22201

• A valid photo ID
• Payment for probate fees

Payment options:

• Check, cash, or credit/debit card
• Card payments include a 4% convenience fee

Letters/Certificates of qualification will be issued at the end of the appointment to qualify a personal representative.

Certified sets, for transferring Virginia property outside of Arlington/City of Falls Church, and exemplified (triple-sealed) copies of the probate documents, for recording outside of Virginia will also be prepared as necessary.

Cell phones are not allowed in the Courthouse. Please review Courthouse security precautions before your visit.

Remote Probate Appointments

• You will receive a Microsoft Teams invitation the day of your appointment.
• Prepared probate documents must be printed single-sided before the appointment.

The Clerk will verify your ID, watch you sign the documents, administer the oath, and explain next steps.

Probate taxes are assessed when a Personal Representative qualifies and/or a will is admitted to probate and the estate value is greater than $15,000. Payment is due at the time of your appointment and can be paid by check made payable to Clerk of the Circuit Court, cash, or credit/ debit card. Card payments are assessed a 4% convenience fee. We are unable to accept remote payments. Fees vary based on an estate’s value and filings:

• State probate tax: $0.10 per $100 of estate value
• Local probate tax (Arlington County only): One-third of the state tax
• Qualification fees:
  • ≤ $5,000: $0.00
  • ≤ $50,000: $20.00
  • < $100,000: $25.00
  • > $100,000: $30.00
• Recordation fees:  
  • 1-10 pages: $18.00
  • 11-30 pages: $32.00
  • 31+ pages: $52.00
• Real Estate Affidavit: $25.00 State fee and $25.00 Local fee (Arlington County only)
• Letter of Qualification: $2.00
• Real estate transfer fee: $1.00 per parcel of Arlington County or City of Falls

  Church real estate

• Copy Fee: $0.50 per page
• Certification Fee: $2.00 per document

This option allows a will to be admitted to probate and/or real estate to be transferred without appointing a personal representative.

To probate a will without qualification, submit:

• The original will
• A certified copy of the death certificate
• A completed Application for Probate or the following:
  • List of Heirs (Form CC-1611)
  • Probate Information Form (Form CC-1650)
  • Probate Tax Return (Form CC-1651)
  • Name, address, and telephone number of person who will receive future Arlington/City of Falls Church property tax bills
  • Payment: Make check payable to Clerk of the Circuit Court

  The Probate Office will:

• Prepare the forms, and
• Schedule an appointment or
• Calculate fees so documents and payment can be mailed or delivered

   

   

  To record a Real Estate Affidavit to transfer real estate owned by an intestate decedent, submit:

• Completed and notarized Real Estate Affidavit (Form CC-1612)
• A certified copy of the death certificate
  • Name, address, and telephone number of person who will receive future Arlington/City of Falls Church property tax bills
• Payment: Make check payable to Clerk of the Circuit Court

   

   

  To record a will admitted to probate in a different Virginia Court, submit:

• Certified set, containing:
  • Certified will
  • Probate order
  • List of heirs
  • Clerk’s certificate
• A certified copy of the death certificate
• Name, address, and telephone number of person who will receive future Arlington/City of Falls Church property tax bills
• Payment: Make check payable to Clerk of the Circuit Court

Ancillary Probate: to record a will admitted to probate outside of Virginia, submit:

• Authenticated probate record, containing:
  • Authenticated will
  • Probate order
  • Letter/Certificate of Qualification
  • List of heirs (Form CC-1611), unless a document meeting the requirements of this statute is filed with the exemplified documents
• Name, address, and telephone number of person who will receive future Arlington/City of Falls Church property tax bills
• Payment: Make check payable to Clerk of the Circuit Court

Contact the Probate Office in writing to calculate the required fees before mailing or delivering the documents and payment for a Real Estate Affidavit, Certified Set, or Authenticated Set.  

After you qualify, the Probate Clerk will give you instructions and forms you need to submit.

You do not need to complete all steps at once. Many of these requirements occur months after qualification.

Notice Requirements – Who do I have to give notice to?

The personal representative or proponent of the will must give notice either by in-hand delivery or first-class mail to:

• All heirs-at-law
• Certain identifiable will beneficiaries
• Beneficiaries under any will previously probated in the same court

An affidavit confirming notice must then be filed.

Forms include:

• Notice Regarding Estate (CC-1616)
• Affidavit of Notice (CC-1617)
• Waiver of Notice (CC-1618)

Website: Commissioner of Accounts Website

• Inventory for Decedent’s Estate (CC-1670)
• Account for Decedent’s Estate (CC-1680)
• Statement in Lieu of Settlement of Account (CC-1681)

For a Testamentary Trust, forms include:

• Inventory for Trust (CC-1673)
• Account for Trust (CC-1684)

For an Incapacitated Adult’s Estate, forms include:

• Inventory for Incapacitated Adult (CC-1671)
• Account for Incapacitated Adult (CC-1682)

For a Minor’s Estate, forms include:

• Inventory for Estate of Minor (CC-1672)
• Account for Minor (CC-1683)

Upon approval, inventory and accounting documents are filed with the Probate Clerk and, once recorded, become public records.

 

 

Additional Certificates/Letters of Qualification

To obtain Certificates/Letters of Qualification with an updated date, send your request in writing.

Letters/Certificates of qualification are $2.00 each.

 

 

Bond Changes

• Bond amounts are reviewed when inventories or accountings are filed.
• The Commissioner may request an increase.
• Requests for bond increases and decreases must be submitted in writing to the Probate Office.
• Letter/Certificate of Qualification Update: to remove the initial small estate limit on a certificate of qualification, the bond must first be revised to cover the value of the total estate assets.

 

 

Additional Probate Tax

If an inventory shows more than $25,000 in additional probate assets beyond what was reported at qualification, the Probate Office will bill for additional probate tax.

 

 

Filing Requirements for Appointed Guardians

Code of Virginia § 64.2-2020 requires that all appointed guardians file an initial and annual report with the local department of social services for the jurisdiction where the incapacitated resides.

 

Initial Report (after appointment) is due six months after qualification, then an annual report thereafter (CC-1644).

A $5.00 filing fee shall accompany each report. Fees can be paid by money order or check made payable to Arlington County Treasurer and submitted to:  

Arlington County Department of Human Services
2100 Washington Boulevard, 4^th Floor
Arlington, VA 22204

 

In addition to the reporting requirement, all newly appointed guardians must complete the Virginia Guardian Training within 120 days of your appointment.

Website: Virginia Guardian Training

When a Show Cause Order May Be Requested

• At least six months must have passed since the personal representative qualified.
• A Debts and Demands hearing must have been held with the Commissioner of Accounts.
• A request may be made by:
• • the personal representative,
  • a successor personal representative, or
  • a distributee or legatee (someone entitled to inherit).

If these conditions are met, the court may enter a Show Cause Order, which sets a future date for the payment and delivery of the estate unless objections are raised.

Required Before Filing a Show Cause Order

• An approved accounting must already be on file.
• The accounting must include an approved proposed distribution schedule showing how the estate will be distributed.

How to File the Show Cause Order

• File the proposed show cause order with the Probate Office.
• The order must be scheduled on the Friday docket at 9:30 a.m., at least 4–6 weeks in the future.
• Include a $10.00 filing fee, payable by check to Clerk of the Circuit Court.

Newspaper Publication Requirements

• If the order is to be published in The Washington Times, include a separate $55.00 check, payable to The Washington Times.
• The Clerk will:
• • forward the order to a judge for signature, and
  • send two certified copies to the newspaper for publication.
• The notice will be published once a week for two consecutive weeks.
• If you plan to use a different newspaper, you must notify the Probate Clerk in advance.

The Probate Office will store original wills for Arlington County and City of Falls Church residents.

• Fee: $5.00 (covers 100 years)
• Wills may be retrieved by:
  • The testator in person or by notarized letter, or
  • The named executor with a death certificate

Probate records are public and available at the Courthouse.

• Computerized records from 1997 to present, with images after 2000: STARR system
• Records from 1800-1996: computerized indexes are available on public kiosks in the Land Records Division; the probate clerk will pull the printed Will Book for any individual documents requested
• Copies: $0.50 per page
• Certification: $2.00 per document

Remote access:

• STARR: Access STARR System
• To view images in STARR, a Land Records subscription is required: Access Land Records Portal

• Application for Probate and Qualification of Personal Representative (PDF, 265KB)
• Virginia Small Estate Act Affidavit (PDF, 129KB)
• Virginia Bar Association Guide to Estate Administration (PDF, 304KB)
• Obtain a Death Certificate:
  • Virginia Department of Health, Office of Vital Records: Visit Vital Records Website
  • Virginia Department of Motor Vehicles: View DMV Vital Records
  • Arlington Department of Human Services: View Arlington Vital Records Information
• Circuit Court Fiduciary Forms: View Fiduciary Forms
• Arlington Commissioner of Accounts: Visit Commissioner of Accounts Website
• Virginia DMV Resources for Families of the Deceased: View DMV Resources
• Code of Virginia Title 64.2 – Wills, Trusts, and Fiduciaries: View Code Section
• Arlington’s Online Probate System – STARR: Access STARR System
• Arlington Circuit Court: Visit Circuit Court Website