Back to Virginia
Accomack County, VA Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | Accomack Circuit Court, 2nd Judicial Circuit of Virginia |
| Clerk's office | Clerk of the Circuit Court |
| Courthouse address | 23316 Courthouse Avenue, Accomac, VA 23301 |
| Mailing address | P.O. Box 126, Accomac, VA 23301 |
| Phone | (757) 787-5776 |
| Fax | (757) 787-1849 |
| Hours | 9:00 a.m. to 5:00 p.m., Monday through Friday |
| Probate tax and clerk charges | The state probate tax is imposed under Va. Code § 58.1-1712. Accomack County applicants should ask the clerk whether the appointment total includes any local probate tax authorized by Va. Code § 58.1-1718, plus qualification and recording charges. |
| Local forms | Yes. Accomack County uses a local Application for Probate Appointment before scheduling. Statewide Virginia fiduciary forms also apply. |
| E-filing status | Accomack is not listed as a Virginia Judiciary eFiling System participating circuit. VJEFS is attorney-only and does not open estates for self-represented families. |
| Case information | No free public portal shows Accomack County estate files. Contact the clerk's office for will book and estate-file access. |
| Remote appearance | Ask the clerk before relying on any remote option. Qualification is normally an appointment before the clerk. |
| Court website | https://www.vacourts.gov/courts/circuit/accomack/home |
| County probate page | https://www.accomack.gov/government/constitutional-officers/clerk-of-circuit-court/wills-and-probate |
Before you begin — know the assets and liabilities
Before you send Accomack County's intake application, gather the will, death certificate, the applicant's contact information and relationship to the decedent, the decedent's residence information, a list of solely owned accounts and personal property, real estate information and the names and addresses of heirs at law. The local application asks for these details before the Probate Division schedules the appointment.
Use that intake step to make the asset list as complete as possible. Sunset's 2,300-institution asset discovery helps families identify accounts, policies and other property before the Accomac appointment, which can make estate settlement cleaner and reduce follow-up with the clerk or commissioner of accounts.
Which court handles jurisdiction
Accomack County is served by its own Clerk of the Circuit Court at 23316 Courthouse Avenue in Accomac. Accomack County is in the Second Judicial Circuit and is the northern of Virginia's two Eastern Shore counties.
Virginia venue is tied to the decedent, not to the person applying. A will is offered for probate in the circuit court of the county or city where the decedent had a known place of residence (Va. Code § 64.2-443). For a decedent who lived in Accomack County, that means the Clerk of the Circuit Court's counter in Accomac.
The jurisdiction process
- Start with Accomack County's Application for Probate Appointment. The county directs applicants to submit the application, a copy of the will and a copy of the death certificate to the Probate Division before an appointment is scheduled.
- Send the intake materials by fax to (757) 787-1849 or by mail to Accomack Circuit Court Clerk's Office, Probate Division, P.O. Box 126, Accomac, VA 23301.
- Use the application to list solely owned assets, real estate, heirs at law and the person seeking to qualify. Qualify means Virginia's word for being appointed and sworn in as personal representative.
- After the clerk schedules the appointment, appear at the Accomac courthouse unless the clerk gives different instructions. In Virginia, the Clerk of the Circuit Court or a deputy clerk admits the will to probate and qualifies the executor or administrator (Va. Code § 64.2-444).
- Pay the state probate tax under Va. Code § 58.1-1712, any clerk charges that apply and any local probate tax authorized by Va. Code § 58.1-1718 if the clerk includes one in the total. The county's probate page states that fees and taxes are due on the day of the appointment.
- Receive the certificate of qualification, the Virginia authority document used by a personal representative. If you live outside Virginia, expect to sign the Consent of Nonresident Fiduciary for Service of Process, CC-1610, and to address surety unless a Virginia resident qualifies with you or the clerk waives surety under Va. Code §§ 64.2-1426 and 64.2-1411.
- Send the required notice of probate to the people entitled to notice within 30 days after qualification or admission of the will, then record the affidavit of notice within four months as required by Va. Code § 64.2-508.
- Work with the commissioner of accounts after qualification. The inventory is returned to the commissioner of accounts within four months after the order conferring authority (Va. Code § 64.2-1300), and the first account is due within 16 months under Va. Code § 64.2-1304.
- Administer the estate, address debts and distributions and close through the commissioner of accounts. In Virginia, the commissioner of accounts supervises fiduciaries and settles accounts (Va. Code § 64.2-1200), so estate settlement continues after the courthouse appointment.
Forms and documents
Probate forms in Accomack County
Accomack County publishes a local Application for Probate Appointment. It is the practical first document for opening a probate appointment because the county directs applicants to return it, with a copy of the will and death certificate, before the Probate Division schedules the appointment.
Virginia also uses statewide circuit court fiduciary forms, including the Probate Information Form, List of Heirs, Probate Tax Return, notice forms, certificate of qualification, inventory and account forms. The statewide fiduciary forms are available at https://www.vacourts.gov/forms/circuit/fiduciary.
Do not take the small estate affidavit to the Accomac counter as a filing. CC-1685 is presented to the bank or other holder of the asset when the statutory small-estate route applies, not filed with the clerk.
Recent updates
Scenarios
| Persona | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Send Accomack County's intake application, a copy of the will and the death certificate before asking for the probate appointment. If the home was co-owned with survivorship, it may pass outside the probate estate, but solely owned accounts or personal property may still require qualification. | Sunset helps identify accounts, title patterns and beneficiary designations so the spouse can separate nonprobate assets from assets that need action at the Accomac clerk's counter. |
| Out-of-state adult child w/ small estate | The intake application can be mailed or faxed before travel plans are final. A nonresident personal representative should expect CC-1610 and surety questions unless a Virginia resident qualifies at the same time or the clerk waives surety (Va. Code §§ 64.2-1426 and 64.2-1411). If the estate fits the $75,000 small-asset affidavit route effective July 1, 2025, qualification may not be needed (Va. Code §§ 64.2-600 through 64.2-605). | Sunset helps the child organize account values and institutions before deciding whether to use an affidavit route, travel for qualification or ask Sunset to connect the family with local counsel. |
| Parent settling predeceased child's estate, home must be sold | List the Accomack County real estate on the intake application's real estate section. After qualification, the commissioner of accounts supervises the inventory due four months after qualification under Va. Code § 64.2-1300 and the first account due within 16 months under Va. Code § 64.2-1304. If the decedent owned real estate in another Virginia county or city, certified copies must be recorded there; out-of-state real estate must be handled in that other state. | Sunset helps gather the asset picture, generate the probate packet and connect the parent with a vetted attorney when a sale, title issue or creditor issue needs legal judgment. |
Self-help resources
| Resource | What it provides | Contact |
|---|---|---|
| Accomack Circuit Court, Virginia Judiciary | Clerk's office hours, phone, fax, courthouse address, mailing address and circuit information. | https://www.vacourts.gov/courts/circuit/accomack/home |
| Wills & Probate, Accomack County government | Accomack County's probate procedure page, including the required pre-appointment application process and the county's practical guidance for wills and real estate. | https://www.accomack.gov/government/constitutional-officers/clerk-of-circuit-court/wills-and-probate |
| Circuit Court Fiduciary Forms, Virginia Judiciary | Statewide Virginia forms for probate, qualification, notices, inventory, accounts and related fiduciary filings. | https://www.vacourts.gov/forms/circuit/fiduciary |
| Commissioners of Accounts directory, Virginia Judiciary | Directory for the commissioner of accounts who supervises the personal representative after qualification. | https://www.vacourts.gov/courts/circuit/resources/coa/home |
| Legal Aid Society of Eastern Virginia | General civil legal aid for low-income residents, including the Eastern Shore service area. Estate administration help is not guaranteed. | Central intake: (757) 827-5078. Intake hours: Monday, Tuesday, Thursday and Friday, 9:00 a.m. to 1:00 p.m. https://laseva.org/what-we-do/apply-for-services/ |
When to hire an attorney
Consider a Virginia probate attorney if the will is unclear, family members disagree, the estate includes Accomack County real estate that must be sold, a nonresident fiduciary is concerned about surety, creditors may exceed available assets or property also has to be handled in another state. The clerk can answer procedural questions but cannot give legal advice. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across 2,300 institutions to help families build a clearer asset list before the Accomack County intake application and probate appointment.
Generate the probate packet. Sunset helps organize the information needed for Virginia probate forms, the Accomack Application for Probate Appointment and the follow-up documents used during estate settlement.
Find a local probate attorney. When a sale, creditor issue, nonresident qualification question or family dispute needs legal judgment, Sunset can connect the family with a vetted Virginia probate attorney.
Sunset is free for families. Families can use Sunset to understand the process, collect information and decide what to do next without paying Sunset for access.
Frequently asked questions
Where do I file to probate a will in Accomack County?
File through the Clerk of the Circuit Court for Accomack County at 23316 Courthouse Avenue in Accomac. The mailing address for the Probate Division is P.O. Box 126, Accomac, VA 23301. Virginia venue is the circuit court of the county or city where the decedent had a known place of residence (Va. Code § 64.2-443).
Do I need to submit anything before I can get a probate appointment in Accomack County?
Yes. Accomack County directs applicants to submit the Application for Probate Appointment, a copy of the will and a copy of the death certificate to the Probate Division before an appointment is scheduled. The application may be faxed to (757) 787-1849 or mailed to the Probate Division at P.O. Box 126, Accomac, VA 23301.
Does Accomack County have its own probate forms?
Yes. Accomack County uses its own Application for Probate Appointment as the local intake document. Virginia statewide fiduciary forms are also used for probate, qualification, notices, inventory and accounts.
Can I file Accomack County probate papers through VJEFS?
No. Accomack County is not listed as a participating circuit in the Virginia Judiciary eFiling System. VJEFS is also an attorney-only civil filing system and is not the way a self-represented family starts qualification before the clerk.
Can I see an Accomack County estate file on the internet?
No free public portal shows Accomack County estate files. The statewide Online Case Information System does not cover Virginia probate matters. Ask the clerk's office how to view the will book or estate file.
What will it cost to probate a will in Accomack County?
The state probate tax is imposed under Va. Code § 58.1-1712, and qualification and recording charges may also apply. A county may add a local probate tax authorized by Va. Code § 58.1-1718, so ask the Accomack clerk for the total due on the day of the appointment.
Do I have to come to Accomac in person?
The intake application can be mailed or faxed before the appointment is scheduled. Qualification is normally an appointment before the clerk, so ask the clerk's office before assuming that someone can qualify without coming to Accomac.
Where do I send the inventory and accounts after I qualify?
After qualification, the commissioner of accounts supervises the fiduciary. The inventory is returned to the commissioner of accounts within four months after the order conferring authority (Va. Code § 64.2-1300), and the first account is due within 16 months under Va. Code § 64.2-1304. Use the Virginia Judiciary's Commissioners of Accounts directory to find the current Accomack commissioner information.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.