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Bath County, VA Probate Information
Quick facts
| Topic | Details |
|---|---|
| Court | Bath Circuit Court, Twenty-fifth Judicial Circuit of Virginia. Probate and qualification are handled by the Clerk of the Circuit Court. |
| Courthouse address | 65 Courthouse Hill Road, Warm Springs, VA 24484. |
| Mailing address | P.O. Box 180, Warm Springs, VA 24484-0180. |
| Phone | (540) 839-7226. |
| Fax | (540) 839-7248. |
| Hours | 8:30 a.m. to 4:30 p.m. The last recording is accepted at 4:00 p.m. |
| Probate appointment | Required. Bath County states that probate is processed by appointment only. |
| Probate tax and clerk fees | The Commonwealth probate tax is 10 cents per $100 for estates over $15,000, since 2003 (Va. Code § 58.1-1712). A county may impose a local probate tax equal to one-third of the state tax (Va. Code § 58.1-1718), so ask the clerk to calculate the total at your appointment. |
| Local forms | No Bath-specific probate packet or checklist was found on the Bath court pages. Use the statewide Virginia Circuit Court fiduciary forms. |
| VJEFS | Bath participates in the Virginia Judiciary eFiling System for attorney civil filings. It is not a self-represented route for qualifying before the clerk. |
| Case information | No free public portal shows Bath County estate files. OCIS does not include probate records. |
| Remote appearance | No current Bath source supports remote or video qualification. Plan for an in-person appointment in Warm Springs. |
| Website | Bath Circuit Court and Bath County Circuit Court. |
Before you begin — know the assets and liabilities
Before you call Bath County for a probate appointment, make a working list of the assets, debts, beneficiaries, and heirs. The clerk needs enough information to decide whether a will can be admitted, whether someone must qualify as personal representative, and which statewide forms fit the estate settlement.
Sunset can help organize that first pass by checking for accounts across more than 2,300 financial institutions, so you are not relying only on mail, memory, or one known bank statement before you schedule the Warm Springs appointment.
Which court handles jurisdiction
File in Bath County when the decedent had a known place of residence in Bath County. Virginia venue is the circuit court of the county or city where the decedent had a known place of residence, with a separate nursing-home residence presumption for a person who moved because of advanced age or impaired health (Va. Code § 64.2-443).
Bath County is served at the Bath Circuit Court clerk's counter at 65 Courthouse Hill Road in Warm Springs. Bath is part of the Twenty-fifth Judicial Circuit with the Cities of Buena Vista, Covington, Lexington, Staunton and Waynesboro and the Counties of Alleghany, Augusta, Bath, Botetourt, Craig, Highland and Rockbridge (Va. Code § 17.1-506), but Bath County has its own separate clerk and courthouse.
The jurisdiction process
- Call the Bath County Clerk of the Circuit Court at (540) 839-7226 to schedule the required probate appointment in Warm Springs. Bring the original will if there is one, a death certificate, addresses for heirs and beneficiaries, and asset information for the clerk's probate paperwork.
- At the appointment, the clerk or deputy clerk admits the will if there is one and qualifies the personal representative, which is Virginia's word for being appointed and sworn in. In Virginia, the clerk can admit wills and qualify executors and administrators in the same manner as the circuit court (Va. Code § 64.2-444).
- File the required list of heirs when the will is presented or when the personal representative qualifies, as applicable (Va. Code § 64.2-509). If the estate exceeds the probate tax threshold, file the probate tax return with the clerk (Va. Code § 58.1-1714).
- Pay the Commonwealth probate tax and clerk fees calculated by the clerk. The Commonwealth probate tax is 10 cents per $100 for estates over $15,000, since 2003 (Va. Code § 58.1-1712). Because a county may impose a local probate tax equal to one-third of the state tax (Va. Code § 58.1-1718), ask the Bath clerk to calculate the full amount before you bring payment.
- If you qualify, the clerk issues the certificate of qualification, the Virginia authority document used to deal with banks, buyers, and other institutions (Va. Code § 64.2-506; CC-1625). A nonresident personal representative signs the consent for service of process at qualification (Va. Code § 64.2-1426; CC-1610).
- Send the required notice of probate or qualification to the people entitled to notice within 30 days, then record the affidavit of notice with the Bath clerk within four months (Va. Code § 64.2-508; CC-1616; CC-1617).
- Work with the commissioner of accounts assigned for Bath County after qualification. The commissioner of accounts, not the clerk, supervises the fiduciary's inventory and accounts (Va. Code § 64.2-1200).
- Return the inventory to the commissioner of accounts within four months after the order giving you authority, then file the first account with the commissioner within 16 months from qualification, covering the first 12 months (Va. Code §§ 64.2-1300, 64.2-1304; CC-1670; CC-1680).
- Finish administration, resolve creditor and tax issues, distribute assets, and close with the commissioner of accounts. Many Virginia estates close through the account process or, when the statutory requirements fit, a statement in lieu of account (Va. Code § 64.2-1314; CC-1681).
Forms and documents
Probate forms in Bath County
Bath County does not publish a county-specific probate packet, worksheet, or checklist on the court pages loaded for this page. Use the statewide Virginia Circuit Court fiduciary forms and call the clerk before the appointment to ask which forms the clerk wants completed in advance.
| Form | Use |
|---|---|
| Virginia Circuit Court fiduciary forms | Statewide forms for probate, qualification, list of heirs, notice, inventory, account, and related fiduciary filings. |
| CC-1650 | Probate Information Form used for the clerk's intake at the probate appointment. |
| CC-1611 | List of Heirs, filed at qualification or when a will is presented without qualification (Va. Code § 64.2-509). |
| CC-1625 | Certificate / Letter of Qualification, the authority document issued after qualification (Va. Code § 64.2-506). |
| CC-1610 | Consent of Nonresident Fiduciary for Service of Process, used when a nonresident qualifies (Va. Code § 64.2-1426). |
| CC-1670 and CC-1680 | Inventory of Decedent's Estate and Account for Decedent's Estate, filed with the commissioner of accounts, not with the clerk (Va. Code §§ 64.2-1300, 64.2-1304). |
Local nuance
Bath County-specific considerations
| Local point | What it means |
|---|---|
| Appointment required | Bath County states that probate is processed by appointment only. Call (540) 839-7226 before traveling to Warm Springs. |
| Recording cutoff | The clerk's published hours are 8:30 a.m. to 4:30 p.m., with the last recording accepted at 4:00 p.m. |
| Commissioner of accounts | The Judiciary's commissioner roster lists a Bath primary commissioner with an office in Hot Springs and an assistant commissioner with an office in Monterey. Use the statewide directory for current contact information, and send inventory and account filings to the commissioner assigned to the estate. |
| Circuit does not mean shared clerk | Bath County is in the Twenty-fifth Judicial Circuit with several counties and independent cities, but Bath County has its own clerk and courthouse in Warm Springs. |
Recent updates
| Update | What changed |
|---|---|
| Bath probate appointments | Bath County's own government page states that probate is processed by appointment only. |
| VJEFS participation | Bath is listed as a participating Virginia Judiciary eFiling System court for attorney civil filings, but qualification before the clerk remains an appointment process for self-represented families. |
Page last reviewed: August 2026.
Scenarios
| Situation | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Call (540) 839-7226 to book the required probate appointment in Warm Springs. Bring the will if there is one and enough asset information for the clerk to calculate probate tax under Va. Code § 58.1-1712. | Sunset helps identify accounts, organize title and beneficiary information, and prepare the estate settlement packet before the appointment. |
| Out-of-state adult child with a small estate | Do not rely on VJEFS for qualification. If you need to qualify, plan for an appointment in Warm Springs and expect to sign CC-1610 as a nonresident fiduciary (Va. Code § 64.2-1426). | Sunset helps decide what information to gather before travel, flags missing institutions, and can connect you with a Virginia probate attorney if surety or travel becomes an issue. |
| Parent settling a predeceased child's estate, home must be sold | Book the Bath probate appointment, qualify if authority is needed to sell, then work with the Bath commissioner of accounts for the inventory and first account deadlines (Va. Code §§ 64.2-1300, 64.2-1304). | Sunset helps build the asset list, keep sale documents and debts organized, and coordinate attorney help for the sale and estate settlement. |
Self-help resources
| Resource | How it helps |
|---|---|
| Bath Circuit Court, Virginia Judiciary | Clerk phone, fax, hours, mailing address, judges, circuit information, and term dates. |
| Circuit Court, Bath County government | Local Bath County page with address, phone, hours, and the appointment-only probate instruction. |
| Circuit Court fiduciary forms, Virginia Judiciary | Statewide probate and fiduciary forms used in Bath County. |
| Commissioners of Accounts directory, Virginia Judiciary | Current contact information for the commissioner of accounts who supervises Bath County fiduciaries. |
| Blue Ridge Legal Services, Lexington office | General civil legal aid for Bath County residents. The office lists Bath County in its service area; estate administration is not listed as a service. |
When to hire an attorney
Consider a Virginia probate attorney if family members disagree, the will may be challenged, a home must be sold, a nonresident fiduciary needs bond advice, or creditor issues make administration risky. Sunset connects families with a vetted attorney when legal help is the next practical step.
How Sunset helps
Find the accounts and assets. Sunset searches for accounts across more than 2,300 institutions, helps organize balances and beneficiaries, and gives the family a clearer starting point for Bath County estate settlement.
Generate the probate packet. Sunset turns the information you enter into a practical probate packet, including the details commonly needed for the Bath clerk's appointment and the statewide Virginia fiduciary forms.
Find a local probate attorney. When the estate needs legal advice, a sale, bond guidance, or help with a dispute, Sunset can connect you with a vetted Virginia probate attorney.
Sunset is free for families. Families can use Sunset to organize the estate, prepare for the clerk appointment, and move through estate settlement without paying Sunset for the basic service.
Frequently asked questions
Where do I file to probate a will in Bath County?
File at the Bath County Clerk of the Circuit Court's counter, 65 Courthouse Hill Road, Warm Springs, VA 24484. 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 an appointment to probate a will in Bath County?
Yes. Bath County states that probate is processed by appointment only. Call the clerk at (540) 839-7226 before coming to Warm Springs.
Do I have to go before a judge to be appointed in Bath County?
No. Qualification is handled by the clerk or deputy clerk, not as a judge hearing. Virginia law allows the clerk to admit wills and qualify executors and administrators (Va. Code § 64.2-444).
Does the Bath County clerk have its own probate forms?
No Bath-specific probate packet or checklist appears on the Bath court pages. Use the statewide Virginia Circuit Court fiduciary forms, and ask the clerk which ones to complete before the appointment.
Can I use VJEFS for Bath County probate?
Bath participates in VJEFS for attorney civil filings. VJEFS is for Virginia State Bar members and designated staff, and it is not the route for a self-represented person to qualify before the Bath clerk.
Can I check a Bath County estate file from home?
No free public portal shows Bath County estate files. OCIS does not include probate records. For recorded wills and related will-book documents, contact the Bath clerk about in-person access and any available records-room options.
What will it cost to probate a will in Bath County?
The Commonwealth probate tax is 10 cents per $100 for estates over $15,000, since 2003 (Va. Code § 58.1-1712), plus statewide clerk fees under Va. Code § 17.1-275. A county may also impose a local probate tax equal to one-third of the state tax (Va. Code § 58.1-1718), so ask the Bath clerk to calculate the full amount for your appointment.
Where do I send the inventory and accounts after I qualify?
Send them to the commissioner of accounts assigned for Bath County. The inventory is returned to the commissioner within four months after the order giving authority, and the first account is filed with the commissioner within 16 months from qualification (Va. Code §§ 64.2-1300, 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.