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Bedford County, VA Probate Information
Quick facts
| Item | Bedford County details |
|---|---|
| Court | Bedford County Circuit Court, Clerk of the Circuit Court, Probate Division |
| Courthouse address | 123 East Main Street, Suite 201, Bedford, VA 24523 |
| Mailing address | Mail to the same street address, care of the Clerk of the Circuit Court, Probate Division |
| Probate phone | (540) 586-7632, press option 1 for probate appointments |
| Fax | (540) 586-6197 |
| [email protected] | |
| Hours | 8:30 a.m. to 5:00 p.m., Monday through Friday. Registers that take probate taxes and clerk fees close at 4:30 p.m. |
| Appointment | Required. The clerk's Application for Probate Appointment and copies of the will and death certificate go to the probate division before the appointment is set. |
| Probate tax and qualification fee | The Commonwealth's probate tax is 10 cents per $100 of value, and estates of $15,000 or less pay none (Va. Code § 58.1-1712). Bedford County adds a local probate tax equal to one third of the state amount (Va. Code §§ 58.1-1718, 58.1-3805; Bedford County Code § 17-105, adopted Dec. 10, 2012). The qualification fee is $0 up to $5,000, $20 from $5,001 to $50,000, $25 from $50,001 to $100,000, and $30 above $100,000 (Va. Code § 17.1-275(A)(3), current under the 2026 circuit court fee schedule). |
| Local forms | Yes. Bedford County uses a local Application for Probate Appointment in addition to statewide Virginia CC forms. |
| Electronic filing | No electronic filing for probate. Opening an estate is a required in-person appointment with the clerk's probate division. Bedford Circuit Court participates in the attorneys-only Virginia Judiciary electronic filing system for most civil cases, not probate qualification. |
| Case access | No free public website displays Bedford County estate files. The clerk's historical records page states that land records and wills and estates records from 1754 to present are not online. |
| Remote appearance | No remote or mail-in qualification is published. Preliminary paperwork may be sent by email, fax, mail or drop-off, but the original will is brought to the in-person appointment. |
| Website | Bedford County Circuit Court Clerk probate and estate information: https://www.bedfordcountyva.gov/government/departments-offices-a-d/circuit-court-clerk/probate-and-estate-information |
Before you begin — know the assets and liabilities
Before you call for a Bedford County probate appointment, separate assets that were in the decedent's name alone from accounts with survivorship, payable-on-death designations or named beneficiaries. The clerk's own application asks for assets in the decedent's name only, plus each Virginia real estate address and tax assessed value, because those numbers affect the probate tax calculation and the qualification fee.
Also make a list of debts, funeral expenses, tax obligations and any known disputes before the appointment. Sunset's estate settlement tools can search more than 2,300 institutions for accounts and assets, which helps you complete the Bedford County intake form with fewer gaps before the clerk calls to set the appointment.
Which court handles jurisdiction
Bedford County estates are opened at the Bedford County Circuit Court, Clerk of the Circuit Court, Probate Division, in the Bedford County Courthouse at 123 East Main Street, Suite 201, in the Town of Bedford. The same clerk serves all of Bedford County, including the Town of Bedford, the Bedford County shore of Smith Mountain Lake, the Peaks of Otter area and the county's unincorporated communities.
Virginia venue starts with 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 died after becoming a patient in a nursing home, convalescent home or similar institution, Virginia presumes the legal residence stayed where it was before the person entered that institution unless that presumption is rebutted (§ 64.2-443).
Bedford County is in the Twenty-fourth Judicial Circuit with the City of Lynchburg and Amherst, Campbell and Nelson Counties (Va. Code § 17.1-506). Those jurisdictions do not share a clerk. A Bedford County estate is not opened in Lynchburg or in another county in the same circuit.
The jurisdiction process
- Complete Bedford County's Application for Probate Appointment before asking for an appointment. Include copies of the will and the death certificate, not the original will, and send the packet to the probate division by email, fax, mail or drop-off.
- Call the Clerk of the Circuit Court at (540) 586-7632 and press option 1 after the paperwork is ready. Appointments for probate are required, and the office calls to set the appointment once it has the form.
- Prepare for the in-person appointment at 123 East Main Street, Suite 201, in Bedford. Bring the original will if there is one, a certified death certificate for the clerk to review and return, names, ages and addresses for heirs if not already supplied, and payment.
- At the appointment, the clerk reviews the will, determines whether witnesses or depositions are needed if the will is not self-proving, takes the bond, admits the will to probate if appropriate and qualifies the personal representative, which is Virginia's term for being appointed and sworn in (Va. Code § 64.2-444).
- Pay the probate tax, Bedford County local probate tax, qualification fee and recording fees at the appointment. The Commonwealth probate tax is imposed under Va. Code § 58.1-1712, Bedford County's local probate tax is imposed under Va. Code §§ 58.1-1718 and 58.1-3805 and Bedford County Code § 17-105, and current recording totals are $18, $32 and $52 under Va. Code § 17.1-275(A)(2), current under the 2026 circuit court fee schedule.
- Receive the certificate of qualification, CC-1625, after qualification. The qualification fee includes two certificates of qualification, and additional certificates are $2 each under Va. Code § 17.1-275(A)(9), current under the 2026 circuit court fee schedule.
- Send the notice regarding the estate to the people entitled to notice within 30 days after qualification or admission of the will to probate, then record the affidavit of notice with the clerk within four months (Va. Code § 64.2-508).
- Work with the commissioner of accounts assigned to Bedford County. The inventory is due to the commissioner within four months after qualification (Va. Code § 64.2-1300), and the first account is due within 16 months of qualification and covers the first 12 months (§ 64.2-1304).
- Close the estate through the commissioner of accounts when debts, taxes, distributions and required filings are complete. In the right case, a statement in lieu of an account may be used under Va. Code § 64.2-1314, and the commissioner is the office that settles the account for estate settlement purposes.
Forms and documents
Probate forms in Bedford County
Bedford County has a local intake form in addition to the statewide Virginia circuit court forms. The local form is the Application for Probate Appointment, and the clerk states that it must be returned to the probate division before the appointment is set. It asks for the applicant's contact information, the decedent's information, assets in the decedent's name alone, Virginia real estate with local tax assessed values and heirs at law.
| Form | How it is used in Bedford County |
|---|---|
| Application for Probate Appointment | Bedford County's local required intake form. Send it with copies of the will and death certificate by email to [email protected], by fax to (540) 586-6197, by mail or by drop-off before the appointment is set. |
| CC-1611, list of heirs | Used for the list of heirs required at qualification or when a will is presented without anyone qualifying (Va. Code § 64.2-509). |
| CC-1608, waiver of qualification | Used when a person entitled to qualify declines to serve. |
| CC-1610, consent of nonresident fiduciary for service of process | Used when a personal representative who lives outside Virginia qualifies (Va. Code § 64.2-1426). |
| CC-1616 and CC-1617 | Notice regarding estate and affidavit of notice. The notice goes out within 30 days, and the affidavit is recorded with the clerk within four months (Va. Code § 64.2-508). |
| CC-1625 | Certificate of qualification, the document banks and transfer agents ask for after the clerk qualifies the personal representative (Va. Code § 64.2-506). |
| CC-1670, CC-1680 and CC-1681 | Inventory, account and statement in lieu. These go to the commissioner of accounts, not to the clerk's counter (Va. Code §§ 64.2-1300, 64.2-1304, 64.2-1314). |
| CC-1612 | List of heirs / real estate affidavit for an intestate real-estate matter (Va. Code § 64.2-510). |
| CC-1685 | Small estate affidavit for a qualifying personal probate estate not exceeding $75,000, effective July 1, 2025, under Va. Code §§ 64.2-600 and 64.2-601. It is presented to the institution, not filed with the clerk. |
| CC-1686 and CC-1687 | Optional notice to creditors and affidavit of notice to creditors under Va. Code § 64.2-508.1. |
The statewide forms are published through the Virginia Judiciary circuit court forms index at https://www.vacourts.gov/forms/home.
Fees
Bedford County has a real local fee layer. In addition to the Commonwealth's probate tax of 10 cents per $100 of value, with estates of $15,000 or less paying none (Va. Code § 58.1-1712), Bedford County imposes a local probate tax equal to one third of the state amount (Va. Code §§ 58.1-1718, 58.1-3805; Bedford County Code § 17-105, adopted Dec. 10, 2012). Bedford County also imposes a $25 county fee when a list of heirs is recorded and no will has been probated and no administration has been granted under the same county code section, adopted Dec. 10, 2012.
On a $200,000 estate, the Commonwealth's probate tax is $200.00 and Bedford County's local probate tax is about $66.67. The $15,000 figure in Va. Code § 58.1-1712 is an on-or-off exemption rather than an amount subtracted from the estate: above it, the rate applies to the whole value.
| Charge | Amount | Notes |
|---|---|---|
| Commonwealth probate tax | 10 cents per $100 of value, with no tax on estates of $15,000 or less (Va. Code § 58.1-1712) | The clerk calculates it from the estate value at the appointment. |
| Bedford County local probate tax | One third of the Commonwealth probate tax (Va. Code §§ 58.1-1718, 58.1-3805; Bedford County Code § 17-105, adopted Dec. 10, 2012) | The court publishes this as 33 cents per $1,000 of gross assets reported. |
| Qualification fee | $0 up to $5,000, $20 from $5,001 to $50,000, $25 from $50,001 to $100,000, and $30 above $100,000 (Va. Code § 17.1-275(A)(3), current under the 2026 circuit court fee schedule). The fee includes two certificates of qualification. | Additional certificates are $2 each under Va. Code § 17.1-275(A)(9), current under the 2026 circuit court fee schedule. |
| Recording a will, list of heirs or similar probate writing | $18 for 10 or fewer pages, $32 for 11 to 30 pages, and $52 for 31 or more pages (Va. Code § 17.1-275(A)(2), current under the 2026 circuit court fee schedule) | The technology trust fund charge does not apply to wills. |
| State fee in lieu of probate tax | $25 when a list of heirs or real estate affidavit is recorded and no will was probated and no administration granted (Va. Code § 58.1-1717.1) | Bedford County adds its own $25 county charge in the same situation under Bedford County Code § 17-105, adopted Dec. 10, 2012. |
| Real estate transfer fee | $1 with a real estate affidavit (Va. Code §§ 58.1-3314, 58.1-3315) | This applies when the real estate affidavit route is used. |
| Copies and certification | 50 cents per page and $2 for each certification (Va. Code § 17.1-275(A)(8), (A)(9), current under the 2026 circuit court fee schedule) | Ask for enough certified certificates of qualification for banks, brokers and transfer agents. |
| Card payment convenience charge | 4 percent with a $2 minimum (Va. Code § 17.1-275(A)(27), current under the 2026 circuit court fee schedule) | The clerk accepts cash, checks and Visa or MasterCard. |
Bring payment to the appointment, and plan to finish payment before the registers close at 4:30 p.m. The clerk works out the exact total from the estate value and the documents being recorded.
Timeline
- Send the completed Bedford County Application for Probate Appointment to the probate division with copies of the will and death certificate by email, fax, mail or drop-off.
- After the probate division has the form, call (540) 586-7632 and press option 1. The office sets the required appointment after the paperwork is in.
- Go to the in-person appointment with the original will, a certified death certificate for review, heirs' names, ages and addresses if not already supplied, and payment. The registers close at 4:30 p.m.
- The probate clerk examines the will at the appointment. If the will lacks a self-proving clause, witnesses or depositions may be needed, and the clerk states that this cannot be determined by telephone.
- The clerk sets the bond and qualifies the personal representative if the papers are in order (Va. Code § 64.2-444). Two certificates of qualification are included in the qualification fee.
- Within 30 days after qualification or admission of the will to probate, send the notice regarding the estate to the people entitled to notice, then record the affidavit of notice with the clerk within four months (Va. Code § 64.2-508).
- Within four months after qualification, send the inventory to the commissioner of accounts for Bedford County (Va. Code § 64.2-1300).
- Within 16 months after qualification, send the first account to the commissioner of accounts, covering the first 12 months (Va. Code § 64.2-1304).
- If a dispute reaches a judge, Bedford Circuit Court sets cases on term day. Terms begin on the first Tuesday of January, March, May, July, September and November, court convenes at 9:00 a.m. and the civil docket is called at 10:00 a.m., subject to changes around state holidays.
Local nuance
Bedford County-specific considerations
| Local point | What it means |
|---|---|
| Bedford is a town inside the county | Bedford has been a town within Bedford County since July 1, 2013, so a Town of Bedford estate and a rural Bedford County estate use the same clerk's counter at 123 East Main Street. There is no separate jurisdiction, court or clerk for the town. |
| Appointments are required | The probate division requires the local application and copies of the will and death certificate before it sets the appointment. Call (540) 586-7632 and press option 1 after the paperwork is ready. |
| Preliminary paperwork can travel before you do | The clerk accepts the application and copies by email, fax, mail or drop-off. That helps an out-of-state executor prepare, but the original will is brought to the in-person appointment. |
| Bedford County adds a local probate tax | The county probate tax is one third of the Commonwealth's probate tax (Va. Code §§ 58.1-1718, 58.1-3805; Bedford County Code § 17-105, adopted Dec. 10, 2012). The court publishes the county amount as 33 cents per $1,000 of reported assets. |
| Two certificates are included | The qualification fee includes two certificates of qualification. Additional certificates are $2 each (Va. Code § 17.1-275(A)(9), current under the 2026 circuit court fee schedule). |
| Registers close before the office does | The office is open until 5:00 p.m., but registers for payments other than land records close at 4:30 p.m. Plan an afternoon appointment with that cutoff in mind. |
| Out-of-state fiduciaries should plan for a Virginia contact | State law uses a written consent to service of process for a nonresident fiduciary, CC-1610, and surety may be required unless a Virginia resident qualifies at the same time or the clerk waives surety (Va. Code §§ 64.2-1426, 64.2-1411). Bedford County's probate guidance tells a nonresident executor or administrator to bring a Virginia resident to the appointment either to co-qualify or to be designated as agent for service. |
| Records date to 1754 | The clerk holds land records and wills and estates records from 1754 to present. They are read at the courthouse records room, and the clerk's historical records page says they are not online. |
| Commissioner is local to Bedford | The commissioner of accounts assigned to Bedford County is a private attorney's office in the Town of Bedford. The inventory, accounts and estate settlement filings go there, not to the clerk's counter. |
| Orders are sent without envelopes | If a matter reaches a judge, the court's published practice is to send orders by email or in-house delivery to the required parties, including an unrepresented party, without charging a fee or requiring envelopes. |
Recent updates
Scenarios
| Scenario | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | If the home and accounts pass by survivorship or beneficiary designation, they may not be part of the probate estate. For solely held Bedford County assets, complete the local Application for Probate Appointment, send it with copies of the will and death certificate, then attend the required appointment with the original will and payment. The clerk collects the Commonwealth probate tax, Bedford County local probate tax and clerk fees before the registers close at 4:30 p.m. | Sunset helps identify which accounts were solely held, which were joint or beneficiary-designated and which values belong on the Bedford County intake form. |
| Out-of-state adult child with small estate | If the personal probate estate qualifies for Virginia's small estate affidavit route, CC-1685 may be presented to the institution rather than filed with the clerk, and the $75,000 limit is effective July 1, 2025, under Va. Code §§ 64.2-600 and 64.2-601. If qualification is needed, Bedford County requires an in-person appointment, but the application and copies can be sent by email, fax or mail before travel. A nonresident fiduciary uses CC-1610 and should follow this clerk's instruction to bring a Virginia resident to the appointment to co-qualify or serve as agent for service. | Sunset helps assemble the asset list and probate packet from out of state so the family can plan one informed trip to Bedford. |
| Parent settling predeceased child's estate, home must be sold | If the home must be sold through the estate, qualification is usually the practical path. Bedford County's application asks for each Virginia real estate address and local tax assessed value, and those values affect the probate tax. If the child died intestate leaving only real estate and no personal property requiring qualification, heirs may use the list of heirs and real estate affidavit route, with the state $25 fee under Va. Code § 58.1-1717.1 and Bedford County's additional $25 fee under Bedford County Code § 17-105, adopted Dec. 10, 2012. | Sunset helps gather property, account and debt information, then connects the parent with a local probate attorney when a sale or title issue needs legal work. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Bedford County Circuit Court Clerk probate and estate information | Local probate appointment instructions, the required Application for Probate Appointment, what to send before the appointment and what to bring. | https://www.bedfordcountyva.gov/government/departments-offices-a-d/circuit-court-clerk/probate-and-estate-information (540) 586-7632, option 1 [email protected] |
| Bedford Circuit Court probate guidance | Court-authored local probate guidance, including venue, what to bring with or without a will, bond language, local probate tax and commissioner of accounts overview. | https://www.vacourts.gov/courts/circuit/Bedford/probate.html |
| Bedford Circuit Court, Virginia's Judicial System | Judiciary page with the courthouse address, clerk's office hours, phone, fax, terms of court and local court information. | https://www.vacourts.gov/courts/circuit/bedford/home |
| Commissioners of Accounts directory, Supreme Court of Virginia | Searchable directory for the commissioner of accounts assigned to Bedford County, plus fee schedule guidance for commissioner work. | https://www.vacourts.gov/courts/circuit/resources/coa/home |
| Virginia Judiciary circuit court forms | Statewide CC forms and instruction sheets used in Virginia probate and estate settlement. | https://www.vacourts.gov/forms/home |
| Virginia Judicial System Court Self-Help website | State court self-help materials, including a probate forms section. It does not give Bedford County appointment instructions. | https://selfhelp.vacourts.gov/ |
| Blue Ridge Legal Services, Roanoke office | General civil legal aid for income-eligible Bedford County residents. Its listed case types do not include estate administration, so use it for general civil legal aid screening, not as probate representation. | 132 Campbell Avenue SW, Suite 300, Roanoke, VA 24011 (540) 344-2080 Toll free for clients: (866) 534-5243 |
| Virginia State Bar Lawyer Referral Service | Statewide lawyer referral service for matters outside legal aid priorities, including many estate administration questions. | (800) 552-7977 |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and helps families identify accounts, policies, debts and real estate before the Bedford County application goes to the probate division.
Generate the probate packet. Sunset organizes the asset list, heirs, beneficiary information and Virginia forms so the personal representative can prepare for the required in-person appointment at the clerk's probate division.
Find a local probate attorney. When a Bedford County estate involves a home sale, a nonresident fiduciary, a disputed claim or a will problem, Sunset helps connect the family with a local probate attorney.
Sunset is free for families. Sunset's estate settlement support is free to families, including asset discovery, packet organization and attorney matching when legal help is needed.
Frequently asked questions
Where do I probate a will in Bedford County, Virginia?
File the will and qualify at the Bedford County Circuit Court, Clerk of the Circuit Court, Probate Division, 123 East Main Street, Suite 201, Bedford, VA 24523. 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).
Does the Town of Bedford have a separate probate counter?
No. Bedford has been a town within Bedford County since July 1, 2013, so there is no separate Bedford city court or clerk. A Town of Bedford estate and a rural Bedford County estate use the same Clerk of the Circuit Court at 123 East Main Street, Suite 201.
Do I need an appointment to probate a will in Bedford County?
Yes. Appointments are required. The clerk's Application for Probate Appointment must be returned to the probate division with copies of the will and death certificate before the appointment is set. Call (540) 586-7632 and press option 1.
What do I send before my Bedford County probate appointment?
Send the completed local Application for Probate Appointment plus copies of the will and death certificate. The probate division accepts them by email at [email protected], by fax at (540) 586-6197, by mail to 123 East Main Street, Suite 201, Bedford, VA 24523, or by drop-off. Bring the original will to the in-person appointment.
How much is the probate tax in Bedford County?
The Commonwealth's probate tax is 10 cents per $100 of estate value, and estates of $15,000 or less pay none (Va. Code § 58.1-1712). Bedford County adds a local probate tax equal to one third of the state amount (Va. Code §§ 58.1-1718, 58.1-3805; Bedford County Code § 17-105, adopted Dec. 10, 2012). The clerk calculates the exact total at the appointment.
Can I pay the Bedford County clerk with a credit card?
Yes. The clerk accepts cash, checks and Visa or MasterCard. A card payment carries a convenience charge of 4 percent with a $2 minimum (Va. Code § 17.1-275(A)(27), current under the 2026 circuit court fee schedule).
Are there local probate forms in Bedford County?
Yes. Bedford County publishes a required Application for Probate Appointment. It is used before the appointment is set and is separate from the statewide Virginia CC forms, such as CC-1611 for the list of heirs, CC-1625 for the certificate of qualification, CC-1670 for the inventory and CC-1680 for the account.
Can I view Bedford County estate records on the internet?
No free public website displays Bedford County estate files. The clerk's historical records page states that land records and wills and estates records from 1754 to present are not online. The will book can be read at the courthouse records room, and the clerk's paid remote access is described as a land-records subscription.
Can I qualify as executor in Bedford County if I live out of state?
Yes, but plan ahead. Virginia law allows a nonresident fiduciary to qualify after filing a written consent to service of process, CC-1610, and surety may be required unless a Virginia resident qualifies at the same time or the clerk waives surety (Va. Code §§ 64.2-1426, 64.2-1411). Bedford County's published probate guidance tells a nonresident executor or administrator to bring a Virginia resident to the appointment either to co-qualify or to be designated as agent for service.
Who reviews my inventory and accounts after I qualify in Bedford County?
The commissioner of accounts appointed for Bedford County reviews the inventory, accounts and final estate settlement filings. The commissioner is a private attorney's office in the Town of Bedford, not the clerk's office. The inventory is due within four months after qualification (Va. Code § 64.2-1300), and the first account is due within 16 months after qualification (§ 64.2-1304).
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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.