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Botetourt County, VA Probate Information
Quick facts
| Item | Botetourt County information |
|---|---|
| Court and filing officer | Botetourt Circuit Court, Twenty-fifth Judicial Circuit of Virginia. Probate and qualification are handled by the Clerk of the Circuit Court. |
| Current clerk's office address | ODC Building, 5 West Main Street, first floor, Fincastle, VA 24090. This is the temporary clerk's office while the courthouse is rebuilt. |
| Court operations during construction | Public Safety Building, 205 North Roanoke Street, ground floor, Fincastle, VA 24090. |
| Mailing address | P.O. Box 219, Fincastle, VA 24090 |
| Phone | (540) 473-8274 |
| Fax | (540) 473-8209 |
| Hours | 8:30 a.m. to 4:30 p.m. Call before visiting the temporary office to confirm current counter hours. |
| Probate tax and clerk charges | State probate tax is 10 cents per $100 for estates over $15,000, since 2003, under Va. Code § 58.1-1712, plus statewide qualification and recording fees under Va. Code § 17.1-275. Ask the clerk whether Botetourt County has imposed the optional local probate tax authorized by Va. Code § 58.1-1718. |
| Local forms | No Botetourt-specific probate packet is published. Use the statewide Virginia Circuit Court fiduciary forms. |
| VJEFS status | Botetourt County is not listed as a Virginia Judiciary eFiling System participating court. Qualification is handled at the clerk's counter. |
| Estate file access | No free public website displays a Botetourt County estate file. OCIS does not include probate records. |
| Remote appearance | No local video or mail qualification practice is published. Virginia circuit courts may allow remote appearances in civil proceedings at the court's discretion, but qualification before the clerk is normally an in-person appointment (Va. Code § 17.1-513.2). |
| Website | Botetourt Circuit Court, Virginia Judiciary |
Before you begin — know the assets and liabilities
Before you call the Botetourt County clerk, list the accounts, real estate, vehicles, debts, expected refunds and beneficiary designations you know about. In Virginia, the right path depends on what must pass through the estate, whether someone needs to qualify as personal representative, and whether the will has to be admitted by the clerk.
Sunset's estate settlement tools can help organize that first inventory of information. Sunset can search across more than 2,300 financial institutions for accounts and assets, then help you turn what you find into a probate packet for the Botetourt County clerk's temporary counter in Fincastle.
Which court handles jurisdiction
Botetourt County estates are opened with the Botetourt County Clerk of the Circuit Court in Fincastle. The current drop-in location for the clerk's office is the ODC Building at 5 West Main Street, first floor, because the historic courthouse is being rebuilt.
Virginia venue is based on the decedent's known place of residence. A will is offered in the circuit court of the county or city where the decedent had a known place of residence, and a person who was in a nursing home or similar institution is presumed to keep the same legal residence they had before entering that facility (Va. Code § 64.2-443). For a Botetourt County resident, use the Botetourt County clerk's counter.
Botetourt County is in the Twenty-fifth Judicial Circuit, but it has its own Clerk of the Circuit Court. Do not use another Twenty-fifth Circuit courthouse unless the decedent's residence and venue point there.
The jurisdiction process
- Gather the will, death certificate, addresses for heirs and beneficiaries, asset information, debt information and any known real estate details before you call the clerk.
- Call the Botetourt County Clerk of the Circuit Court at (540) 473-8274 to ask what the clerk wants you to bring and to confirm the current counter hours at the temporary ODC Building office.
- Prepare the statewide Virginia Circuit Court fiduciary forms that fit the estate, including the Probate Information Form, Probate Tax Return when required, List of Heirs and any nonresident fiduciary consent form if the person qualifying lives outside Virginia.
- Go to the clerk's current office at the ODC Building, 5 West Main Street, first floor, Fincastle, to offer the will if there is one and to qualify as personal representative if qualification is needed. In Virginia, the clerk may admit the will and qualify the personal representative without a judge (Va. Code § 64.2-444).
- Pay the state probate tax, if due, and the statutory qualification and recording charges. State probate tax is 10 cents per $100 for estates over $15,000, since 2003, under Va. Code § 58.1-1712. Ask the clerk whether Botetourt County has imposed the optional one-third local probate tax authorized by Va. Code § 58.1-1718.
- After qualification or admission of the will, send the required notice to the people entitled to notice under Virginia law and record the notice affidavit with the clerk within the statutory period (Va. Code § 64.2-508).
- If a matter needs a judge, the Botetourt Circuit Court page lists motion day as the first Thursday of each month. Ordinary qualification at the clerk's counter does not wait for motion day.
- Get certified copies of the certificate of qualification from the clerk. That is the Virginia authority document institutions use to recognize the personal representative (Va. Code § 64.2-506).
- Work with the Botetourt commissioner of accounts after qualification. The inventory goes to the commissioner of accounts within four months after qualification, and the first account is due within 16 months under Va. Code § 64.2-1304.
- Administer the estate, resolve creditor and tax issues, distribute when it is safe to do so, and close the estate settlement through the commissioner of accounts using the account or statement in lieu process that fits the estate.
Forms and documents
Probate forms in Botetourt County
Botetourt County does not publish a separate local probate packet. Use the statewide Virginia Circuit Court fiduciary forms and call the clerk to confirm what to bring to the temporary ODC Building counter.
| Form | Use |
|---|---|
| CC-1650, Probate Information Form | Information the clerk uses for the probate or qualification appointment. |
| CC-1651, Probate Tax Return | Used when the estate value requires a probate tax return under Va. Code § 58.1-1714. |
| CC-1611, List of Heirs | Filed at qualification, or with the will if no one qualifies, under Va. Code § 64.2-509. |
| CC-1610, Consent of Nonresident Fiduciary for Service of Process | Used when a nonresident personal representative qualifies (Va. Code § 64.2-1426). |
| CC-1625, Certificate / Letter of Qualification | The certificate of qualification used to show authority after the clerk qualifies the personal representative. |
| CC-1670, Inventory of Decedent's Estate | Filed with the commissioner of accounts after qualification. |
| CC-1680, Account for Decedent's Estate | Used for the account process supervised by the commissioner of accounts. |
| CC-1681, Statement in Lieu of Settlement of Account | Used when Virginia law allows a statement in lieu of a full account. |
The statewide forms are available through the Virginia Judiciary's Circuit Court Fiduciary Forms page.
Local nuance
Botetourt County-specific considerations
| Local point | What it means for a Botetourt County estate |
|---|---|
| Temporary clerk location | The Clerk of the Circuit Court's office is currently in the ODC Building, 5 West Main Street, first floor, Fincastle. Do not rely on older references to the historic courthouse on Main Street for a walk-in probate visit during construction. |
| Mailing address unchanged | Mail continues to P.O. Box 219, Fincastle, VA 24090, even while the clerk's office is in the temporary building. |
| Courthouse rebuild | Demolition of the historic courthouse began in November 2024, and the county expects the new courthouse to be completed in fall 2027. |
| Commissioner of accounts | The Botetourt commissioner of accounts maintains a separate office in Fincastle. After qualification, the inventory and accounts go to that commissioner, not to the clerk. |
Recent updates
| Date | Local update |
|---|---|
| November 2024 | Demolition of the historic Botetourt County courthouse in Fincastle began as part of a full courthouse rebuild. |
| Construction period | The Clerk of the Circuit Court's office is operating from the ODC Building at 5 West Main Street, first floor, Fincastle. Court operations are temporarily at the Public Safety Building, 205 North Roanoke Street. |
| Expected fall 2027 | Botetourt County expects the new courthouse to be complete by fall 2027. |
Scenarios
| Scenario | Local path in Botetourt County | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Call (540) 473-8274 before going to Fincastle. The clerk's office is currently at the ODC Building, not the old courthouse site. Ask how the clerk wants the will, death certificate, List of Heirs and probate tax information presented. Virginia real estate can matter for probate tax under Va. Code §§ 58.1-1712 and 58.1-1713 even when title passes outside active administration. | Sunset helps identify accounts, debts and title questions so the spouse can decide whether qualification is needed for the estate settlement. |
| Out-of-state adult child with small estate | Botetourt County is not listed as a VJEFS participating court, and no local remote qualification practice is published. A nonresident fiduciary signs CC-1610 and should expect the clerk to ask about surety unless a Virginia resident qualifies too or the clerk waives surety under the applicable statutes. | Sunset helps organize the asset list, prepare questions for the clerk, and connect the family with a local attorney if travel or surety issues make the case harder. |
| Parent settling predeceased child's estate, home must be sold | If a personal representative must sell a Botetourt County home, plan for qualification at the clerk's temporary office in Fincastle. After qualification, work with the Botetourt commissioner of accounts for the inventory, account and closing steps. | Sunset helps build a clear estate settlement file, track real estate and account information, and prepare the probate packet for attorney review or clerk submission. |
Self-help resources
| Resource | How it helps | Link |
|---|---|---|
| Botetourt Circuit Court, Virginia Judiciary | Provides the clerk's phone, fax, hours, circuit information and term dates. Pair it with the county construction page for the current temporary physical location. | Botetourt Circuit Court |
| Circuit Courthouse in Fincastle, Botetourt County | Gives the current temporary location for the clerk's office and the temporary location for court operations during the courthouse rebuild. | Circuit Courthouse in Fincastle |
| Circuit Courthouse Construction, Botetourt County | Explains the courthouse rebuild timeline, including demolition beginning in November 2024 and expected completion in fall 2027. | Circuit Courthouse Construction |
| Circuit Court Fiduciary Forms, Virginia Judiciary | Provides the statewide probate and fiduciary forms used in Botetourt County. | Circuit Court Fiduciary Forms |
| Commissioners of Accounts directory, Virginia Judiciary | Provides current contact information for the Botetourt commissioner of accounts, the office that supervises inventories and accounts after qualification. | Commissioners of Accounts directory |
| Blue Ridge Legal Services, Roanoke office | General civil legal aid for Botetourt County residents. Estate administration is not listed as a service. Intake is available by phone during stated intake hours or through the organization's website. | Blue Ridge Legal Services, Roanoke office |
When to hire an attorney
Consider a Virginia probate attorney if the will is disputed, heirs do not agree, the estate includes real estate that must be sold, a creditor claim is contested, a nonresident fiduciary has bond or surety issues, or you are unsure whether qualification is necessary. Botetourt County's temporary clerk location makes planning important, but legal strategy still depends on the assets, debts and family situation. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help families find accounts, balances and leads that may belong in the estate settlement plan.
Generate the probate packet. Sunset turns the asset and family information you provide into an organized packet you can review before contacting the Botetourt County clerk or a Virginia probate attorney.
Find a local probate attorney. When an estate needs legal help, Sunset can connect you with a vetted attorney who understands Virginia qualification, commissioner of accounts practice and Botetourt County filing logistics.
Sunset is free for families. Families can use Sunset to organize the estate, understand next steps and prepare for the clerk's counter without paying Sunset a fee.
Frequently asked questions
Where do I file to probate a will in Botetourt County right now?
File with the Botetourt County Clerk of the Circuit Court in Fincastle. During courthouse construction, the clerk's office is at the ODC Building, 5 West Main Street, first floor. Mail still goes to P.O. Box 219, Fincastle, VA 24090.
Is the Botetourt County courthouse still under construction?
Yes. Demolition of the historic courthouse began in November 2024, and Botetourt County expects the new courthouse to be complete in fall 2027. The clerk's office is using the temporary ODC Building location during the rebuild.
Do I have to go before a judge to qualify in Botetourt County?
Ordinarily, no. In Virginia, the Clerk of the Circuit Court may admit wills and qualify executors, administrators and curators in the same manner and with like effect as the circuit court (Va. Code § 64.2-444). A judge becomes involved if a matter is contested, appealed or otherwise needs judicial action.
Does the Botetourt County clerk have local probate forms?
No Botetourt-specific probate packet is published. Use the statewide Virginia Circuit Court fiduciary forms, including CC-1650, CC-1651, CC-1611, CC-1625, CC-1670 and CC-1680 as applicable.
Can I submit Botetourt County probate papers through VJEFS?
Botetourt County is not listed as a Virginia Judiciary eFiling System participating court. Qualification is handled through the clerk's counter, currently at the ODC Building in Fincastle.
Can I view a Botetourt County estate file on a free public website?
No free public website displays a Botetourt County estate file. OCIS does not include probate records. To review a recorded will, list of heirs or estate filing, contact the clerk about in-person records access and any available local records subscription.
What will it cost to probate a will in Botetourt County?
The state probate tax is 10 cents per $100 for estates over $15,000, since 2003, under Va. Code § 58.1-1712. Statewide qualification and recording fees also apply under Va. Code § 17.1-275. Ask the clerk whether Botetourt County has imposed the optional local probate tax allowed by Va. Code § 58.1-1718.
Where do I send the inventory and accounts after qualifying?
Send them to the Botetourt commissioner of accounts, not to the clerk. The commissioner of accounts is a private attorney appointed by the circuit court's judges to supervise fiduciaries and settle accounts (Va. Code § 64.2-1200). The inventory is due within four months after qualification, and the first account is due within 16 months under Va. Code § 64.2-1304.
Do I have to travel to Fincastle if I live outside Virginia?
No local remote or mail qualification practice is published. A nonresident fiduciary may serve, but must file the written consent to service of process required by Va. Code § 64.2-1426, typically using CC-1610. Call the clerk before making travel plans because the office is in a temporary building during courthouse construction.
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.