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Carroll County, VA Probate Information
Quick facts
| Item | Carroll County information |
|---|---|
| Court | Carroll Circuit Court, Clerk of the Circuit Court |
| Courthouse address | 605 Pine Street, Hillsville, VA 24343-0218 |
| Mailing address | P.O. Box 218, Hillsville, VA 24343 |
| Phone | (276) 730-3070. Ask for the Probate Division for estate questions. |
| Fax | (276) 730-3071 |
| Hours | Monday through Friday, 8:00 a.m. to 5:00 p.m. Call before traveling to confirm probate appointment timing and any intake cutoff. |
| 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, current since 2003. Carroll County imposes a local probate tax equal to one-third of the state tax under Va. Code § 58.1-1718 and Carroll County Code ch. 221, art. XVII. Statutory qualification and recording charges may also apply. |
| Local forms | Carroll County points residents to statewide Virginia Circuit Court forms and its local Wills & Estate Information pages, rather than a separate county probate packet. |
| Electronic filing | No self-represented electronic qualification path is published for Carroll County. Qualification is handled through the Clerk of the Circuit Court. |
| Case information | No public estate-file portal is published for Carroll County. Contact the clerk for recorded wills, lists of heirs and estate-file access. |
| Remote appearance | No local remote qualification option is published. Virginia allows remote participation in civil proceedings only when authorized by the court, and clerk qualification is normally handled with the clerk. |
| Website | https://www.vacourts.gov/courts/circuit/carroll/home and https://carrollcountyva.gov/courts/circuit_court/ |
Before you begin — know the assets and liabilities
Before you call the Carroll County Probate Division, make a working list of the decedent's assets, debts, titled property, accounts, real estate and possible heirs or beneficiaries. The clerk's questions, the probate tax calculation, and the bond discussion all depend on what exists and who is asking to qualify.
Sunset's estate settlement workflow can help organize that first pass. Sunset's asset discovery searches more than 2,300 institutions, helping families identify accounts and property before deciding whether Carroll County qualification, a statewide small asset route, or a real-estate recording is the right next step.
Which court handles jurisdiction
Carroll County probate matters are handled by the Clerk of the Circuit Court at the courthouse in Hillsville. Venue generally belongs in the circuit court of the county or city where the decedent had a known place of residence, and a person who moved to a nursing home or similar institution is rebuttably presumed to keep the prior legal residence (Va. Code § 64.2-443).
The same Carroll County clerk's office also serves the City of Galax, which is an independent city. This page is for Carroll County estates; a City of Galax estate is a separate jurisdiction matter even though the same clerk's counter serves both.
The jurisdiction process
- Confirm that Carroll County is the right venue under Va. Code § 64.2-443. If the decedent lived in Carroll County before death, start with the Carroll Circuit Court clerk in Hillsville.
- Gather the original will, if there is one, a death certificate, asset information, heir and beneficiary names, and any documents the clerk asks you to bring. Call (276) 730-3070 and ask for the Probate Division before traveling.
- Use the statewide Virginia Circuit Court forms and the Carroll County Wills & Estate Information page. Common starting forms include CC-1650 for probate information, CC-1651 for the probate tax return when required, CC-1611 for the list of heirs, and CC-1610 if a nonresident fiduciary will qualify.
- Appear before the Clerk of the Circuit Court or a deputy clerk to probate the will, if there is one, and to qualify as personal representative, which is Virginia's term for being appointed and sworn in. The clerk may admit the will and qualify executors, administrators and curators in the same manner and with like effect as the circuit court (Va. Code § 64.2-444).
- Pay the state probate tax under Va. Code § 58.1-1712, the Carroll County local probate tax authorized by Va. Code § 58.1-1718 and adopted in Carroll County Code ch. 221, art. XVII, plus any statutory qualification and recording charges quoted by the clerk.
- Receive the certificate of qualification, the Virginia authority document used to deal with banks, transfer agents and other asset holders (Va. Code § 64.2-506; CC-1625).
- Send notice of probate or qualification to the people entitled to notice within 30 days, then record the required notice affidavit within four months (Va. Code § 64.2-508). If creditor risk is significant, ask counsel whether the optional creditor-notice process under Va. Code § 64.2-508.1 makes sense.
- Return the inventory to the commissioner of accounts within four months after the order giving authority, then file the first account with the commissioner of accounts within 16 months under Va. Code § 64.2-1304. The commissioner of accounts, not the clerk, supervises the accounting side of the estate settlement.
- Administer assets, pay valid expenses and debts in the required order, distribute what remains, and close through the commissioner of accounts by account, final settlement, or a statement in lieu when the statewide requirements are met.
Forms and documents
Probate forms in Carroll County
Carroll County directs families to Virginia's statewide Circuit Court forms and publishes local Wills & Estate Information pages. The county materials do not create a separate local packet, so bring the statewide forms and call the Probate Division if you are unsure which forms fit your facts.
| Form | Use in Carroll County |
|---|---|
| CC-1650, Probate Information Form | Used to organize information for the clerk's probate 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 by a personal representative at qualification, or by the proponent when a will is presented and nobody qualifies. |
| CC-1610, Consent of Nonresident Fiduciary for Service of Process | Used when an out-of-state personal representative qualifies under Va. Code § 64.2-1426. |
| CC-1625, Certificate / Letter of Qualification | The authority document the clerk issues after qualification (Va. Code § 64.2-506). |
| CC-1670, Inventory of Decedent's Estate | Returned to the commissioner of accounts after qualification. |
| CC-1680, Account for Decedent's Estate | Filed with the commissioner of accounts for estate accounting. |
| CC-1681, Statement in Lieu of Settlement of Account | Used only when the statewide requirements for a statement in lieu are met. |
| CC-1685, Small Estate Affidavit | Used with asset holders, not filed with the clerk, when the statewide small asset rules under Va. Code §§ 64.2-600 through 64.2-605 apply. |
Fees
Carroll County has adopted a local probate tax ordinance. That local layer matters because Virginia's state probate tax is fixed by statute, while a county or city may add the local tax only if it has imposed one.
| Charge | How it works in Carroll County |
|---|---|
| State probate tax | 10 cents per $100 for estates over $15,000 under Va. Code § 58.1-1712, current since 2003. |
| Carroll County local probate tax | Carroll County imposes a local probate tax equal to one-third of the state probate tax. The local tax is authorized by Va. Code § 58.1-1718 and adopted in Carroll County Code ch. 221, art. XVII. |
| List of heirs or real estate affidavit fee | Carroll County's ordinance also imposes the companion local charge for recording a list of heirs or real estate affidavit when no will is probated and no administration is granted. Ask the clerk to quote the current total for your recording. |
| Qualification and recording charges | Virginia statutory qualification and will-book recording charges may apply in addition to the tax. The clerk can calculate the exact amount once the estate value, document length and requested certified copies are known. |
Recent updates
Scenarios
| Situation | Likely Carroll County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by identifying how the home was titled and whether any probate assets also exist. If qualification is needed, the Carroll County clerk in Hillsville handles the will and qualification, and the commissioner of accounts supervises later inventory and accounting. If only real estate records are needed, ask the clerk which will-book recording fits the facts. | Sunset helps gather title clues, account information and debt information so the spouse can decide whether a full estate settlement is needed before calling the Probate Division. |
| Out-of-state adult child with a small estate | You can serve from out of state, but you must file the consent to service of process, CC-1610, when qualifying (Va. Code § 64.2-1426). If the statewide small asset rules fit, the small estate affidavit route may avoid qualification, but a will still must be probated when the statute requires it under Va. Code §§ 64.2-600 through 64.2-605, with the $75,000 ceiling effective July 1, 2025. | Sunset helps find accounts, prepare an organized asset list and flag when an out-of-state fiduciary should ask about surety, service consent and whether a lawyer should handle the courthouse visit. |
| Parent settling a predeceased child's estate, home must be sold | If the home must be sold by the estate, call the Carroll County Probate Division before listing the property. Qualification may be needed so the personal representative can act, and the commissioner of accounts will expect inventory and accounting after qualification. | Sunset helps collect mortgage, tax, account and creditor information in one estate settlement workspace, then can connect the family with local probate counsel if a sale or title issue needs legal work. |
Self-help resources
| Resource | How it helps |
|---|---|
| Carroll Circuit Court clerk page, https://www.vacourts.gov/courts/circuit/carroll/home | Official court page for the Carroll Circuit Court, including courthouse address, mailing address, phone, fax, hours and terms of court. |
| Carroll County Circuit Court pages, https://carrollcountyva.gov/courts/circuit_court/ | County site with Wills & Estate Information and Executor/Administrator Qualifications pages for local probate questions. |
| Virginia Circuit Court forms, https://www.vacourts.gov/forms/home | Statewide forms index for the CC forms used in Virginia probate and fiduciary administration. |
| Virginia self-help probate forms, https://selfhelp.vacourts.gov/page/37/probate-forms | Self-help page collecting common statewide probate forms. |
| Commissioners of Accounts directory, https://www.vacourts.gov/courts/circuit/resources/coa/home | Searchable statewide directory for the commissioner of accounts. Carroll County has a Hillsville commissioner office listed, and the directory should be checked for the current roster before sending inventory or accounts. |
When to hire an attorney
Consider hiring a Virginia probate attorney if the will is disputed, heirs disagree, a nonresident fiduciary needs surety guidance, the estate must sell real estate, creditors may exceed available assets, or the commissioner of accounts raises accounting issues. Sunset connects to a vetted attorney
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions and helps organize the accounts, real estate, vehicles, debts and benefits that drive a Carroll County probate decision.
Generate the probate packet. Sunset turns the family's answers into an organized estate settlement packet using the Virginia statewide form set and Carroll County filing details, so you know what to review before contacting the Probate Division.
Find a local probate attorney. If the estate needs legal work, Sunset can connect you with a vetted Virginia attorney for qualification, real estate, creditor, tax or commissioner of accounts issues.
Sunset is free for families. Families can use Sunset to organize documents, discover assets and understand next steps before deciding whether they need attorney help or clerk qualification in Carroll County.
Frequently asked questions
Where do I file probate papers for a Carroll County resident?
Use the Clerk of the Circuit Court for Carroll County at 605 Pine Street in Hillsville. Virginia venue usually follows the decedent's known place of residence (Va. Code § 64.2-443).
Does Carroll County have a separate local probate packet?
Carroll County publishes Wills & Estate Information pages and points residents to the statewide Virginia Circuit Court forms. Use the CC forms, and call the Probate Division if you are unsure which forms apply.
Can I handle Carroll County probate electronically?
No self-represented electronic qualification path is published for Carroll County. Call the clerk before traveling, then plan on working through the Clerk of the Circuit Court unless the clerk gives different instructions for your situation.
Can I check a Carroll County estate file on the internet?
No public estate-file portal is published for Carroll County. Contact the clerk for access to recorded wills, lists of heirs and estate-file materials.
How much is the Carroll County local probate tax?
Carroll County imposes a local probate tax equal to one-third of the state probate tax. The state probate tax is 10 cents per $100 for estates over $15,000 under Va. Code § 58.1-1712, current since 2003; the local tax is authorized by Va. Code § 58.1-1718 and adopted in Carroll County Code ch. 221, art. XVII.
Do I have to appear before a judge to open a Carroll County estate?
Usually no. In Virginia, the Clerk of the Circuit Court or a deputy clerk may admit a will and qualify the personal representative (Va. Code § 64.2-444). A circuit court judge becomes involved when a matter is contested, appealed or otherwise requires court action.
Does the Carroll County clerk also serve the City of Galax?
Yes. The same Carroll County clerk's office also serves the City of Galax, which is an independent city. This page covers Carroll County estates; a City of Galax estate is handled as its own jurisdiction matter.
Where do I send the inventory and accounts after qualifying in Carroll County?
Send them to the commissioner of accounts, not to the clerk. The statewide directory lists a Hillsville commissioner office for Carroll County, and more than one commissioner may be associated with the jurisdiction, so check the current directory before mailing fiduciary papers.
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.