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Albemarle County, VA Probate Information
Quick facts
| Item | Detail |
|---|---|
| Court | Albemarle Circuit Court, Clerk of the Circuit Court, Probate Division |
| Courthouse address | Albemarle County Courthouse, Court Square, 350 Park Street, Charlottesville, VA 22902 |
| Mailing | Use the courthouse address, care of the Probate Division. No separate probate mailing address is published. |
| Probate phone | (434) 972-4083, extension 2141 |
| Fax | (434) 293-0298. The fax is not published as a probate filing route. |
| No office-level probate email is published. Reach the Probate Division by telephone. | |
| Hours | 8:00 a.m. to 4:00 p.m., Monday through Friday. No probate intake cutoff is published. |
| Appointment | Required. The clerk's Probate Division says probating a will or qualifying is done solely by appointment and may take an hour or more. |
| Taxes and fees | The Commonwealth probate tax is charged under Va. Code § 58.1-1712, a rate unchanged since 2003. Albemarle County adds a local probate tax equal to one third of the Commonwealth's tax under Va. Code § 58.1-1718 and Albemarle County Code § 15-500. The qualification fee is value based under Va. Code § 17.1-275(A)(3), and recording fees are page based under Va. Code § 17.1-275(A)(2). Ask the Probate Division for the total when you book because the amount depends on the estate value and the papers being recorded. |
| Local forms | No local probate packet or decedent estate cover sheet is published. Albemarle County uses the Commonwealth's circuit court forms. |
| Electronic filing | Opening an estate is an in-person appointment with the clerk's Probate Division, not an online filing. Albemarle Circuit Court participates in the Commonwealth's civil electronic filing system for Virginia lawyers and their staff, but that system does not handle probate qualification. |
| Case search | No free public portal shows an Albemarle County estate file. The will, the list of heirs and the approved accounts are recorded at the clerk's office at the courthouse and can be read there. The clerk also runs a registered-user remote access service for its recorded records. |
| Remote appearance | Qualification is an in-person clerk appointment on Court Square. If travel is impossible, call (434) 972-4083, extension 2141, and ask what the office can do. |
| Website | Albemarle Circuit Court Clerk, Probate Division |
Before you begin — know the assets and liabilities
Before you call the Albemarle County Probate Division, make a practical list of what the decedent owned and owed. The clerk's own overview says probate covers assets held solely in the decedent's name, so your first estate settlement task is to separate solely owned assets from accounts, real estate or benefits that pass another way.
Sunset's 2,300-institution asset discovery helps families find accounts, insurance, retirement assets and debts before the Court Square appointment, so the value information given to the clerk is as complete as possible. That preparation also helps later, when the Commissioner of Accounts asks for the inventory and accounts during estate settlement.
Which court handles jurisdiction
Albemarle County estates are opened with the Probate Division of the Clerk of the Circuit Court at the Albemarle County Courthouse, Court Square, 350 Park Street, Charlottesville, VA 22902. The office serves Albemarle County, including the Town of Scottsville.
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). If the person had moved to a nursing home, convalescent home or similar institution because of age or health, Virginia law presumes the legal residence stayed where it was before that move unless the presumption is rebutted (§ 64.2-443).
The City of Charlottesville is an independent city and has its own Clerk of the Circuit Court at 315 East High Street. An Albemarle County decedent's estate goes to the county clerk on Court Square; a City of Charlottesville decedent's estate goes to the city clerk.
Albemarle County is in the Sixteenth Judicial Circuit with the City of Charlottesville and the Counties of Albemarle, Culpeper, Fluvanna, Goochland, Greene, Louisa, Madison and Orange (Va. Code § 17.1-506). Sharing a circuit does not mean sharing a clerk's counter.
The jurisdiction process
- Confirm venue and assets before booking. If the decedent lived in Albemarle County, call the Albemarle County Probate Division. If the decedent lived in the City of Charlottesville, use the city clerk instead. Make a list of solely held probate assets and debts before the call.
- Call for the required appointment. Probate and qualification are done solely by appointment in Albemarle County. Call (434) 972-4083, extension 2141. The clerk says the appointment may take an hour or more.
- Use the forms the clerk directs you to use. The deputy clerk who books the appointment tells you what will be needed for that estate. Albemarle County does not publish a local decedent estate packet and uses the Commonwealth's circuit court forms.
- Attend the appointment at the Albemarle County Courthouse on Court Square. In Virginia, you qualify, meaning you are appointed and sworn as personal representative, before the Clerk of the Circuit Court. The clerk or a deputy clerk may admit the will, appoint and qualify an executor or administrator, take the bond and issue the order with the same effect as the circuit court (Va. Code § 64.2-444).
- Pay the taxes and clerk fees due on the papers filed. The Commonwealth probate tax is imposed under Va. Code § 58.1-1712, a rate unchanged since 2003, and Albemarle County adds a local probate tax equal to one third of that tax (Va. Code § 58.1-1718; Albemarle County Code § 15-500). The clerk also charges the qualification fee under Va. Code § 17.1-275(A)(3) and recording fees under Va. Code § 17.1-275(A)(2).
- Leave with the authority document. The authority document is the certificate of qualification, CC-1625. The July 2026 Judiciary fee schedule says the qualification fee includes two certificates of qualification. Additional certified certificates are $2 each under Va. Code § 17.1-275(A)(9), as reflected in that July 2026 schedule.
- Send the required notice after probate or qualification. The personal representative or will proponent sends notice to the people entitled to notice within 30 days, then records the affidavit of notice with the clerk within four months (Va. Code § 64.2-508).
- Work with the Commissioner of Accounts, not the courthouse, for fiduciary accounting. The inventory, CC-1670, is due to the commissioner of accounts within four months after qualification (Va. Code § 64.2-1300). The first account, CC-1680, is due within 16 months under Va. Code § 64.2-1304. For Albemarle County, the commissioner of accounts office is a private law office in Charlottesville, not the clerk's Probate Division.
- Administer, resolve claims and close. If you use the optional creditor notice process, follow Va. Code § 64.2-508.1 and the statewide forms CC-1686 and CC-1687. Many estates close through the commissioner's settlement of the final account or, where the requirements are met, a statement in lieu under Va. Code § 64.2-1314.
Executor duties
- The inventory and every account go to the Commissioner of Accounts for the Sixteenth Judicial Circuit, a private law office in Charlottesville, not to the clerk's counter at the Albemarle County Courthouse.
- The commissioner's office charges its own filing fees, set by the circuit court that appointed it. Ask that office or the Probate Division what schedule applies before mailing a fiduciary filing.
- The affidavit of notice, an amended list of heirs if needed, and the commissioner's approved inventories and accounts are recorded with the clerk on Court Square, with the clerk's recording fee under Va. Code § 17.1-275(A)(2).
- If nobody qualifies and heirs record a list of heirs or an intestate real estate affidavit, Albemarle County's own $25 charge applies in addition to the Commonwealth's (Albemarle County Code § 15-501; Va. Code §§ 58.1-1717.1, 58.1-1718).
Forms and documents
Probate forms in Albemarle County
Albemarle County does not publish a local probate packet, local decedent estate form or probate cover sheet. The clerk's Probate Division uses the Commonwealth's statewide circuit court forms.
| Form | Use | Where it goes |
|---|---|---|
| CC-1650 | Probate Information Form for the clerk appointment | Bring or complete as directed by the Probate Division |
| CC-1651 | Probate Tax Return when required by Va. Code § 58.1-1714 | Clerk of the Circuit Court |
| CC-1611 | List of Heirs | Clerk of the Circuit Court |
| CC-1612 | List of Heirs / Real Estate Affidavit | Clerk of the Circuit Court when the real-estate-only route fits |
| CC-1610 | Consent of Nonresident Fiduciary for Service of Process | Clerk of the Circuit Court when a nonresident fiduciary qualifies |
| CC-1625 | Certificate / Letter of Qualification | Issued by the clerk after qualification |
| CC-1616 and CC-1617 | Notice Regarding Estate and Affidavit of Notice Regarding Estate | Notice is sent by the personal representative or will proponent; the affidavit is recorded with the clerk |
| CC-1670 | Inventory of Decedent's Estate | Commissioner of Accounts, not the courthouse counter |
| CC-1680 | Account for Decedent's Estate | Commissioner of Accounts |
| CC-1681 | Statement in Lieu of Settlement of Account for Decedent's Estate | Commissioner of Accounts when the statutory requirements are met |
| CC-1685 | Small Estate Affidavit under Va. Code §§ 64.2-600 through 64.2-605, with the $75,000 ceiling effective July 1, 2025 | Presented to the institution holding the asset, not filed at the courthouse |
| CC-1686 and CC-1687 | Optional notice to creditors and affidavit of notice to creditors | Used only if the personal representative chooses the optional creditor notice process under Va. Code § 64.2-508.1 |
Use the Virginia Judiciary forms index for current versions and instructions. Do not rely on old estate guides for dollar figures or deadlines.
Fees
Albemarle County has a genuine local tax layer. The Commonwealth probate tax is imposed under Va. Code § 58.1-1712, a rate unchanged since 2003. Albemarle County adds a local probate tax equal to one third of the Commonwealth's tax under Va. Code § 58.1-1718 and Albemarle County Code § 15-500.
Albemarle County also adopted its own $25 tax on October 4, 2017, for recording a list of heirs or an affidavit listing real estate owned by an intestate decedent. That local charge is in addition to the Commonwealth's $25 charge under Va. Code § 58.1-1717.1, as reflected in the July 2026 Judiciary fee schedule, and it is authorized through Va. Code §§ 58.1-1718 and 58.1-3805.
The clerk's qualification fee is set by the value of the estate under Va. Code § 17.1-275(A)(3), and recording fees are set by page count under Va. Code § 17.1-275(A)(2). The July 2026 Judiciary fee schedule states that the Technology Trust Fund Fee does not apply to wills and that the qualification fee includes two certificates of qualification. Additional certified certificates are $2 each under Va. Code § 17.1-275(A)(9), as reflected in that July 2026 schedule.
The Albemarle Probate Division does not publish a probate fee sheet. Ask for the total when you book the appointment because the amount depends on estate value, local tax, qualification and the documents being recorded.
Local nuance
Albemarle County-specific considerations
- Probate and qualification are by appointment only. Call (434) 972-4083, extension 2141, and set aside an hour or more for the appointment.
- The deputy clerk who books the appointment tells you what will be needed for that estate. Albemarle County does not publish a separate what-to-bring checklist.
- Albemarle County adds a local probate tax equal to one third of the Commonwealth's probate tax (Va. Code §§ 58.1-1712, 58.1-1718; Albemarle County Code § 15-500).
- The county courthouse is in Charlottesville, but the City of Charlottesville is a separate jurisdiction with its own clerk at 315 East High Street. Do not assume the two offices can take each other's estates.
- The Commissioner of Accounts for this circuit is a private law office in Charlottesville, so the inventory and the accounts go there rather than to the Albemarle County Courthouse.
- No free public portal shows an Albemarle County estate file. The clerk has a registered-user remote access service for recorded records, but the courthouse record remains the official route for estate papers.
Recent updates
| Date | Change | Source |
|---|---|---|
| October 4, 2017 | Albemarle County adopted County Code § 15-501, its own $25 tax for recording a list of heirs or an affidavit listing real estate owned by an intestate decedent, in addition to the Commonwealth's charge. | Albemarle County Code § 15-501; Board of Supervisors legislative record |
| April 17, 2019 | The county reorganized Chapter 15 of its code and carried forward Article 5, including the local probate tax and the tax in lieu. | Albemarle County Code §§ 15-500 through 15-502 |
| July 1, 2026 | Virginia's optional creditor notice process took effect, and the Judiciary's July 2026 fee schedule states that the Technology Trust Fund Fee does not apply to wills and that the qualification fee includes two certificates of qualification. | Va. Code § 64.2-508.1; Virginia Judiciary circuit court fee schedule, July 2026 |
Page last reviewed: August 2026.
Scenarios
| Situation | Path in Albemarle County | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | If the home passes outside probate, focus first on assets held solely in the decedent's name. Call the Probate Division at (434) 972-4083, extension 2141, for the required appointment and the estate-specific list of what to bring. The clerk calculates the Commonwealth probate tax under Va. Code § 58.1-1712 and Albemarle County's local addition under Va. Code § 58.1-1718 and County Code § 15-500 at the appointment. | Sunset helps identify solely held accounts before the appointment, so the spouse can give the clerk a more complete asset picture. |
| Out-of-state adult child with small estate | If a statewide small estate route fits, the affidavit is presented to the institution holding the asset and is not filed at the Albemarle courthouse. If qualification is needed, the child should call before traveling, because qualification is an in-person appointment. A nonresident fiduciary signs CC-1610 and should expect questions about surety unless a Virginia resident qualifies at the same time or the clerk waives surety (Va. Code §§ 64.2-1426, 64.2-1411). | Sunset helps assemble the asset list and probate packet from out of state, reducing the chance of needing a second trip to Court Square. |
| Parent settling predeceased child's estate, home must be sold | When a house must be sold, qualification is often needed so someone has authority to act for the estate. The appointment is at the Albemarle County Courthouse on Court Square. After qualification, the inventory and accounts go to the Commissioner of Accounts in Charlottesville, not back to the courthouse counter. | Sunset helps organize values, debts and documents for estate settlement and can connect the parent with a local probate attorney for the real estate sale. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Albemarle Circuit Court Clerk, Probate Division | Books the required probate appointment, tells you what will be needed, admits the will and qualifies the personal representative. The clerk's office cannot give legal advice. | Albemarle County Courthouse, Court Square, 350 Park Street, Charlottesville, VA 22902; (434) 972-4083, extension 2141; 8:00 a.m. to 4:00 p.m. Monday through Friday |
| Albemarle Circuit Court on the Virginia Judiciary site | Provides the court's address, hours, phone, fax, terms of court and court information. | Online resource |
| Commissioners of Accounts directory | Shows the commissioner of accounts offices by jurisdiction and links the Judicial Council fee schedule guidelines. This is the office that supervises inventories and accounts after qualification. | Online directory |
| Virginia Judiciary circuit court forms | Statewide forms for probate, qualification, notice, inventory, accounts, small estate affidavits and optional creditor notice. Albemarle County uses these forms rather than a local probate packet. | Online forms index |
| Virginia Judicial System Court Self-Help | General court self-help information and a probate forms section. It does not give Albemarle appointment instructions. | Online self-help site |
| Central Virginia Legal Aid Society, Charlottesville office | Income-limited general civil legal aid for Albemarle County residents. Its own published list of services places administration of estates and estate disputes in an advice-only category, so it may be able to advise but should not be treated as estate administration representation. | 103 East Water Street, Suites 201 and 202, Charlottesville, VA 22901; (434) 296-8851; 9:00 a.m. to 4:00 p.m. Monday through Friday except holidays |
When to hire an attorney
A probate attorney makes sense in Albemarle County when real estate must be sold, the will's power of sale is unclear, the personal representative lives outside Virginia and surety is an issue, a creditor claim is disputed before the commissioner of accounts, someone appeals a clerk's order, or inventories and accounts are late. The clerk's office cannot give legal advice, and Sunset connects families with a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify bank accounts, retirement accounts, insurance, investments and debts before the Albemarle County appointment.
Generate the probate packet. Sunset organizes the information needed for estate settlement and helps prepare the Commonwealth forms used by the Albemarle County Clerk of the Circuit Court and the Commissioner of Accounts.
Find a local probate attorney. When an Albemarle County estate needs legal advice, a home sale, help with surety, a disputed claim or a court filing, Sunset can connect the family with a vetted local probate attorney.
Sunset is free for families. Families can use Sunset to understand the path, gather documents and move through estate settlement without paying Sunset for access.
Frequently asked questions
Where do I file probate for an Albemarle County resident?
File with the Probate Division of the Clerk of the Circuit Court at the Albemarle County Courthouse, Court Square, 350 Park Street, Charlottesville, VA 22902. Virginia venue is the county or city where the decedent had a known place of residence (Va. Code § 64.2-443).
Do I need an appointment for probate in Albemarle County?
Yes. The clerk's Probate Division says probating a will or qualifying as executor or administrator is done solely by appointment and may take an hour or more. Call (434) 972-4083, extension 2141.
What should I bring to the Albemarle County probate appointment?
The clerk does not publish a general what-to-bring list for decedent estates. The deputy clerk who books the appointment tells you what will be needed for that estate.
Can I open an Albemarle County estate electronically?
No. Opening an estate in Albemarle County is an in-person appointment with the clerk's Probate Division. Albemarle Circuit Court participates in Virginia's civil electronic filing system for Virginia lawyers and their staff, but that system does not handle probate qualification.
Can I appear remotely for qualification in Albemarle County?
Qualification before the clerk is not a civil hearing. Virginia circuit courts may allow telephone or video appearance in a civil proceeding at the court's discretion (Va. Code § 17.1-513.2), but Albemarle County publishes qualification as an in-person appointment. If travel is impossible, call (434) 972-4083, extension 2141, and ask what the Probate Division can do.
Can I view an Albemarle County estate file on the internet?
No free public portal shows an Albemarle County estate file. The will, list of heirs and approved accounts are recorded at the clerk's office at the courthouse and can be read there. The clerk also has a registered-user remote access service for recorded records.
Does Albemarle County have local probate forms?
No. Albemarle County publishes no local probate packet or decedent estate form. Use the Commonwealth's circuit court forms and follow the Probate Division's instructions when booking the appointment.
How much does probate cost in Albemarle County?
The Commonwealth probate tax is charged under Va. Code § 58.1-1712, a rate unchanged since 2003. Albemarle County adds a local probate tax equal to one third of the Commonwealth's tax (Va. Code § 58.1-1718; Albemarle County Code § 15-500). The total also depends on the qualification fee, recording fees and the papers filed, so ask the Probate Division for the total when you book.
Do I use the Albemarle County clerk if the decedent lived in the City of Charlottesville?
No. The City of Charlottesville is a separate jurisdiction with its own Clerk of the Circuit Court at 315 East High Street. Use the Albemarle County clerk only for an Albemarle County decedent's estate.
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.