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Amherst County, VA Probate Information
Quick facts
| Item | Amherst County information |
|---|---|
| Court | Amherst Circuit Court, Clerk of the Circuit Court |
| Courthouse address | 113 Taylor Street, Amherst, VA 24521 |
| Mailing address | P.O. Box 462, Amherst, VA 24521 |
| Phone | (434) 946-9321. No separate probate extension is published. |
| Fax | (434) 946-9323 |
| Hours | Weekday office hours are published as 8:00 a.m. to 4:30 p.m. No lunch closure or probate-intake cutoff is published, so call before going to the clerk's counter. |
| Probate tax and clerk charges | State probate tax is 10 cents per $100 of value for estates over $15,000 under Va. Code § 58.1-1712, a rate and exemption from the 2003 statute. Amherst County may add a local probate tax equal to one-third of the state tax under Va. Code § 58.1-1718, so ask the clerk for the total when you call. |
| Local forms | No Amherst County probate packet, checklist, cover sheet or local probate form is published. Use the statewide Virginia Circuit Court forms. |
| Electronic filing status | Amherst is not listed as a Virginia Judiciary eFiling System participating circuit court. Self-represented probate qualification is handled through the clerk's office, not through VJEFS. |
| Public case access | No free public portal displays Amherst County estate files. OCIS does not cover probate or fiduciary records. |
| Remote appearance | No Amherst remote qualification procedure is published. Qualifying before the clerk is normally an in-person step unless the clerk gives different instructions. |
| Website | Amherst Circuit Court; Amherst County Clerk of the Circuit Court page |
Before you begin — know the assets and liabilities
Before you call the Amherst County clerk, make a working list of the decedent's assets, debts, beneficiaries, heirs and any Virginia real estate. The clerk needs enough information to decide whether a will should be admitted, whether someone must qualify as personal representative, and what tax return or list of heirs is required.
Sunset can support estate settlement by searching more than 2,300 financial institutions for accounts and assets, then organizing what you find into the information your attorney or the Amherst County clerk may ask for.
Which court handles jurisdiction
Amherst County probate matters are handled at the Amherst Circuit Court clerk's office at 113 Taylor Street in Amherst. Amherst County is in the Twenty-fourth Judicial Circuit.
Virginia venue is based on the decedent's known place of residence, so an Amherst County resident's will is offered, or administration is sought, in the Amherst County Circuit Court clerk's office (Va. Code § 64.2-443). If the decedent had moved to a nursing home or similar institution because of advanced age or impaired health, Virginia law presumes the legal residence remained where it was before that move unless the presumption is rebutted (§ 64.2-443).
The jurisdiction process
- Gather the original will, a death certificate, names and addresses of heirs and beneficiaries, and a list of assets and debts. If there is no will, identify the people who would inherit under Virginia law before you contact the clerk.
- Call the Amherst County Clerk of the Circuit Court at (434) 946-9321. Ask whether the clerk wants an appointment, what to bring, and what total tax and clerk charges will be due at qualification.
- Go to the clerk's office at 113 Taylor Street in Amherst unless the clerk gives you a different instruction. The clerk, or a deputy clerk, may admit the will to probate and qualify the executor or administrator in the same manner and with like effect as the circuit court (Va. Code § 64.2-444).
- Complete the statewide forms the clerk requires. Common forms include CC-1650, Probate Information Form, CC-1611, List of Heirs, and CC-1651, Probate Tax Return, when a probate tax return is required by Va. Code § 58.1-1714. A nonresident fiduciary signs CC-1610, Consent of Nonresident Fiduciary for Service of Process (Va. Code § 64.2-1426).
- Pay the state probate tax and clerk charges. The state probate tax is 10 cents per $100 for estates over $15,000 under Va. Code § 58.1-1712, a rate and exemption from the 2003 statute. Because a county may add a local probate tax equal to one-third of the state tax under Va. Code § 58.1-1718, confirm the Amherst County total with the clerk.
- Receive the certificate of qualification, CC-1625, if the clerk qualifies you as personal representative. This certificate is the document banks and other institutions usually ask to see.
- Send the required notice of probate or qualification to the people entitled to notice, then record the affidavit of notice with the clerk within the Virginia deadline (Va. Code § 64.2-508).
- Work with the commissioner of accounts after qualification. The Amherst commissioner of accounts has an office in the town of Amherst, and the current commissioner can be found through the Virginia Judiciary directory. Return the inventory to the commissioner of accounts within four months after qualification (Va. Code § 64.2-1300), and file the first account with the commissioner of accounts within 16 months of qualification (Va. Code § 64.2-1304). This commissioner-supervised estate settlement process continues until the estate is ready to close.
Forms and documents
Probate forms in Amherst County
Amherst County does not publish a local probate packet, checklist, cover sheet or county-specific probate form. Use the statewide Virginia Circuit Court forms, and ask the Amherst County clerk which ones are needed for your facts.
| Form | Use |
|---|---|
| CC-1650, Probate Information Form | Information the clerk collects for a probate or qualification appointment. |
| CC-1651, Probate Tax Return | Tax return used when Virginia probate tax applies under Va. Code § 58.1-1714. |
| CC-1611, List of Heirs | List filed by a qualifying personal representative, or by a will proponent when no one qualifies (Va. Code § 64.2-509). |
| CC-1610, Consent of Nonresident Fiduciary for Service of Process | Required when a nonresident qualifies as fiduciary (Va. Code § 64.2-1426). |
| CC-1625, Certificate / Letter of Qualification | Authority document issued after qualification (Va. Code § 64.2-506). |
| CC-1670, Inventory of Decedent's Estate | Returned to the commissioner of accounts after qualification (Va. Code § 64.2-1300). |
| CC-1680, Account for Decedent's Estate | Filed with the commissioner of accounts for estate accounting (Va. Code § 64.2-1304). |
The statewide forms are available through the Virginia Judiciary forms index and probate forms self-help page.
Recent updates
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Amherst County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by identifying what passed by title and what still needs probate. If the will must be admitted or a personal representative must qualify, contact the Amherst County clerk at 113 Taylor Street. If only heirship or recorded real estate documents are needed, ask the clerk which statewide forms apply. | Sunset helps collect account information, organize title questions for counsel, and build an estate settlement checklist before the spouse calls the clerk. |
| Out-of-state adult child with small estate | If the personal probate estate qualifies for Virginia's Small Estate Act, the $75,000 ceiling applies under Va. Code §§ 64.2-600 through 64.2-605, effective July 1, 2025, and CC-1685 is presented to the asset holder rather than filed with the clerk. If qualification is needed, a nonresident can qualify but must sign CC-1610 and should ask the clerk about bond and surety. | Sunset helps find accounts, distinguish probate assets from nonprobate transfers, and prepare the information needed for a call with the Amherst County clerk. |
| Parent settling predeceased child's estate, home must be sold | If the home must be sold through the estate, speak with a Virginia probate attorney before qualification, because the will, title and power of sale matter. The Amherst County clerk handles qualification, and the commissioner of accounts later supervises the inventory and accounts. | Sunset helps assemble asset details, lender information and contact information for heirs so the attorney and personal representative can move the sale and estate settlement forward. |
Self-help resources
| Resource | How it helps | Link |
|---|---|---|
| Amherst Circuit Court | Official court page for the clerk's address, phone, fax, hours and term information. | Amherst Circuit Court |
| Amherst County Clerk of the Circuit Court | County clerk page with the same courthouse contact information and a county contact form link. | Amherst County Clerk of the Circuit Court page |
| Commissioners of Accounts directory | Searchable Virginia Judiciary directory for the current Amherst County commissioner of accounts and the commissioner's office address. | Commissioners of Accounts |
| Virginia Circuit Court forms | Statewide form index for CC probate and fiduciary forms. | Virginia court forms |
| Virginia self-help probate forms | Self-help page that gathers common probate forms in one place. | Probate forms |
When to hire an attorney
Consider hiring a Virginia probate attorney if there is disagreement among heirs, a nonresident fiduciary needs bond guidance, a house must be sold, creditor issues are expected, or the will is unclear. Amherst County's clerk can explain filing mechanics but cannot give legal advice. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions to help families identify bank, brokerage, retirement and other accounts that may matter in estate settlement.
Generate the probate packet. Sunset organizes the information families gather into a practical probate packet, including asset lists, contact details and next steps to discuss with the Amherst County clerk or a Virginia attorney.
Find a local probate attorney. When the estate needs legal help, Sunset can connect families with a vetted Virginia probate attorney who understands qualification, commissioner of accounts practice and real estate issues.
Sunset is free for families. Families can use Sunset to get organized, understand the process and decide what help they need without paying Sunset.
Frequently asked questions
Where do I file probate papers in Amherst County?
Go to the Amherst County Clerk of the Circuit Court at 113 Taylor Street in Amherst. The mailing address is P.O. Box 462, Amherst, VA 24521, but qualification before the clerk is normally an in-person step unless the clerk gives different instructions.
Does Amherst County have its own probate forms?
No Amherst County probate packet, checklist, cover sheet or local probate form is published. Use the statewide Virginia Circuit Court forms and ask the clerk which forms apply to your estate.
Can I use VJEFS to qualify in Amherst County?
No. Amherst is not listed as a VJEFS participating circuit court, and VJEFS is not a self-represented probate qualification system. Plan to work directly with the Amherst County clerk.
Can I see an Amherst County estate file on a public website?
No free public portal displays Amherst County estate files, and OCIS does not cover probate or fiduciary records. Ask the clerk how to view recorded wills, lists of heirs or other will-book materials.
Do I need an appointment with the Amherst County clerk?
No Amherst page states whether appointments are required or whether walk-ins are accepted for probate. Call (434) 946-9321 before going to the courthouse and ask what the clerk wants you to bring.
Can I qualify remotely if I live outside Virginia?
No Amherst remote qualification procedure is published. A nonresident can qualify in Virginia, but must sign the consent to service of process, CC-1610, and should ask the clerk about bond and surety (Va. Code § 64.2-1426).
What does probate cost in Amherst County?
The state probate tax is 10 cents per $100 of value for estates over $15,000 under Va. Code § 58.1-1712, a rate and exemption from the 2003 statute. Amherst County may add a local probate tax equal to one-third of the state tax under Va. Code § 58.1-1718, so confirm the total with the clerk when you call.
Who reviews the inventory and accounts after qualification?
The commissioner of accounts, not the clerk, supervises the fiduciary accounting after qualification. The statewide directory lists Amherst County's commissioner of accounts with an office in the town of Amherst. The inventory is returned to the commissioner of accounts, and the first account is filed with the commissioner of accounts within 16 months of qualification (Va. Code § 64.2-1304).
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.