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City of Chesapeake, VA Probate Information
Quick facts
| Item | City of Chesapeake information |
|---|---|
| Court and clerk | City of Chesapeake Circuit Court, Chesapeake Circuit Court Clerk's Office, Probate Division |
| Courthouse address | 307 Albemarle Drive, Suite 300A, third floor, Chesapeake, VA 23322 |
| Mailing address | City of Chesapeake, Circuit Court Clerk's Office, Probate Division, 307 Albemarle Drive, Suite 300A, Chesapeake, VA 23322 |
| Phone | (757) 382-3000, the clerk's office phone |
| Fax | Probate Division fax: (757) 382-3046. General court fax: (757) 382-3080. |
| Probate Division: [email protected]. Clerk's office: [email protected]. | |
| Hours | Monday through Friday, 8:30 a.m. to 3:45 p.m. City court listings also show general court hours that extend later, so use the clerk's office hours for probate planning. |
| Appointment | Complete the local Application for Probate Appointment before setting the appointment. The form says the Probate Office will contact you within 24 to 48 hours after the application is reviewed to set an appointment. |
| Tax and charges | The Commonwealth probate tax is 10 cents per $100 of estate value, and estates of $15,000 or less pay none (Va. Code § 58.1-1712, effective 2003). A Virginia city may also impose a local probate tax equal to one-third of the state tax (Va. Code § 58.1-1718), so ask the Probate Division for the total when it calls to set your appointment. |
| Local forms | Yes. The clerk publishes a local Application for Probate Appointment, returned before the appointment. Statewide circuit court forms are used for the probate documents that follow. |
| Electronic filing status | VJEFS is offered for enrolled attorneys in certain civil actions. It is not the route to open an estate, and no electronic filing route is published for self-represented probate applicants. |
| Case access | No free public portal displays a City of Chesapeake estate file. Recorded wills can be viewed in the clerk's office or through the clerk's paid land records subscription. |
| Remote appearance | Qualification is described as an in-person appointment with the clerk. Contested civil motions are heard on Wednesdays by appointment and must be scheduled at least fifteen days ahead. |
| Website | Clerk probate page: https://www.cityofchesapeake.net/1188/Probate. Judiciary page: https://www.vacourts.gov/courts/circuit/chesapeake/home. |
Before you begin — know the assets and liabilities
Before you send anything to the Probate Division, list the decedent's solely owned assets, debts, Virginia real estate, and any accounts with survivorship, payable-on-death or beneficiary designations. The City of Chesapeake application asks for values and real estate addresses before the clerk sets the appointment, so an accurate asset picture makes the first local step smoother.
Sunset can support that early estate settlement work by searching across more than 2,300 financial institutions, organizing what is found, and helping you decide whether qualification is needed before you travel to 307 Albemarle Drive.
Which court handles jurisdiction
The City of Chesapeake is an independent Virginia city and is not part of any county. A City of Chesapeake estate is handled by the city's own Clerk of the Circuit Court at one counter: the Chesapeake Circuit Court Clerk's Office, Suite 300A, third floor, 307 Albemarle Drive, Chesapeake.
The City of Chesapeake alone constitutes the First Judicial Circuit (Va. Code § 17.1-506(1)). No satellite probate location is published.
Virginia venue starts in the circuit court of the county or city where the decedent had a known place of residence (Va. Code § 64.2-443). If the decedent became a patient in a nursing home, convalescent home or similar institution, that section rebuttably presumes the decedent kept the legal residence held before entering the facility. The Chesapeake clerk gives the same practical direction on its probate page: probate should take place where the person resided at death, with the nursing-home presumption applied.
The jurisdiction process
- Complete the City of Chesapeake Application for Probate Appointment. Return it to the Probate Division with a copy of the will and the death certificate by fax to (757) 382-3046, by email to [email protected], or by mail to the Circuit Court Clerk's Office, Probate Division, 307 Albemarle Drive, Suite 300A, Chesapeake, VA 23322.
- Wait for the Probate Division to review the application and call you. The clerk's form says the Probate Office will contact you within 24 to 48 hours after the application is reviewed to set an appointment. That is a callback time, not a promise of a specific appointment date.
- Gather what the clerk says to bring. If there is a will, bring the original will, a certified death certificate or obituary copy, estimated values of solely owned personal property and Virginia real estate passing through probate, heirs' names, ages and addresses, any needed renunciation or death certificate for a named executor who will not serve, and payment. If there is no will, bring the certified death certificate, heirs' names, ages and addresses, estimated values, and payment.
- Go to the Chesapeake Circuit Court Clerk's Office, Suite 300A, third floor, 307 Albemarle Drive, Chesapeake. Ask for the Probate Division. The clerk's page states that the Probate Clerk examines the will for a self-proving clause and may require witnesses or depositions in some cases.
- Qualify before the clerk or a deputy clerk. In Virginia, qualification means being appointed and sworn as the personal representative. The clerk may admit the will to probate 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 taxes and clerk charges due at the appointment. The Commonwealth probate tax is 10 cents per $100 of estate value, and estates of $15,000 or less pay none (Va. Code § 58.1-1712, effective 2003). A Virginia city may also impose a local probate tax equal to one-third of the state tax (Va. Code § 58.1-1718), so ask the Probate Division for the total when it calls to set your appointment.
- Receive the certificate of qualification. The certificate of qualification, CC-1625, is the document institutions use to recognize your authority as personal representative (Va. Code § 64.2-506).
- Send notice of probate and record the affidavit of notice. The required notice goes to the people entitled to notice, and the affidavit is recorded in the clerk's office where the will was recorded (Va. Code § 64.2-508).
- Work with the commissioner of accounts assigned to the estate. Your inventory, CC-1670, goes to the commissioner of accounts, and your account, CC-1680, or statement in lieu, CC-1681, also goes to the commissioner, not to the clerk. The inventory deadline is measured from the order conferring authority (Va. Code § 64.2-1300), and the first account is due within 16 months from qualification, covering the first 12 months (Va. Code § 64.2-1304).
- Close the estate through the commissioner of accounts. The commissioner supervises the fiduciary and settles the accounts (Va. Code § 64.2-1200), making that office central to the final estate settlement step after the clerk appointment is complete.
Executor duties
After qualification in the City of Chesapeake, keep the local filing paths separate. The clerk at 307 Albemarle Drive handles the qualification appointment and records the affidavit of notice. The commissioner of accounts assigned to the estate handles the inventory, accounts, and the settlement of those accounts from a private law office in Chesapeake (Va. Code § 64.2-1200).
The clerk's own probate page tells fiduciaries to give written notice of qualification or probate to heirs and beneficiaries within 30 days after qualification, and to file a complete inventory of estate assets with the commissioner of accounts within four months. For the account deadline, use the statute: the first account is due within 16 months from qualification, covering the first 12 months (Va. Code § 64.2-1304).
The clerk also states that all fiduciaries must be bonded, that the will and state statutes govern whether surety is required, and that the Probate Clerk sets the bond at qualification. If you need certified copies from this clerk, the clerk's copy practice is fifty cents per page plus two dollars for certification, as published by the clerk for current requests.
Forms and documents
Probate forms in the City of Chesapeake
The City of Chesapeake publishes its own local Application for Probate Appointment. Return that form to the Probate Division before the appointment is set, with a copy of the will and the death certificate. The clerk accepts the application by fax, email or mail, and the form says the Probate Office will contact you within 24 to 48 hours after review to set an appointment.
After that local application, Virginia's statewide circuit court forms supply the main probate documents. Common forms include CC-1650 for probate information, CC-1651 for the probate tax return when required by Va. Code § 58.1-1714, CC-1610 for a nonresident fiduciary's consent to service of process under Va. Code § 64.2-1426, CC-1611 for the list of heirs under Va. Code § 64.2-509, CC-1612 for the list of heirs / real estate affidavit under Va. Code § 64.2-510, CC-1625 for the certificate of qualification under Va. Code § 64.2-506, CC-1670 for the inventory under Va. Code § 64.2-1300, CC-1680 for the account under Va. Code § 64.2-1304, and CC-1681 for a statement in lieu under Va. Code § 64.2-1314.
Do not send the inventory and account forms to the clerk. They go to the commissioner of accounts assigned to the estate. The small estate affidavit, CC-1685, is presented to the holder of the asset under Va. Code §§ 64.2-600 through 64.2-605 and is not filed with the clerk.
Local nuance
City of Chesapeake-specific considerations
| Local point | What it means for a City of Chesapeake estate |
|---|---|
| The application comes before the appointment | The clerk will not set the probate appointment until the local Application for Probate Appointment has been returned to the Probate Division with a copy of the will and death certificate. |
| Three ways to send the application | Send it by fax to (757) 382-3046, by email to [email protected], or by mail to the Probate Division at 307 Albemarle Drive, Suite 300A, Chesapeake, VA 23322. |
| Fees and taxes are due at the appointment | The application says this in capital letters. The clerk accepts cash, checks, money orders, cashier's checks, certified checks, and Visa or MasterCard with a two percent convenience fee. |
| A one-locality circuit | The City of Chesapeake alone constitutes the First Judicial Circuit (Va. Code § 17.1-506(1)), so the commissioners of accounts appointed here handle Chesapeake estates. |
| Bring a Virginia resident if you live out of state | This clerk instructs a nonresident executor or administrator to bring a Virginia resident to the appointment to co-qualify or to be designated as agent for service of process. The statewide consent form is CC-1610 (Va. Code § 64.2-1426). |
| The clerk sets the bond at the appointment | The clerk states that all fiduciaries must be bonded, that the will and statutes govern surety, and that the Probate Clerk sets the bond at qualification. |
| Older wills may be in Chesapeake | The clerk holds wills indexed from 1755 and deeds from 1637, including former Norfolk County and City of South Norfolk records that came to the City of Chesapeake when the jurisdictions consolidated on January 1, 1963. |
| Online will access is subscription-based | The clerk's land records site includes will indexing and imaging from 1755 to current through a paid subscription. Attorney remote access to civil and criminal case data is separate and does not replace the probate appointment. |
| Free deed-book alerts are not estate alerts | The clerk's Property Notification service emails a registrant when a document is recorded in the deed books. Wills and lists of heirs are recorded in the will book. |
| Contested matters use the civil motions process | Civil motions are heard on Wednesdays by appointment and must be scheduled at least fifteen days ahead through the civil motions line at (757) 382-3074. Qualification itself is a clerk appointment, not that docket. |
| Check the device order before you go | The court publishes a current order governing portable electronic devices. The city also lists prohibited courthouse items, including weapons, anything that could be used as a weapon, food, drinks and gum. |
Recent updates
| Change | Date | Why it matters |
|---|---|---|
| Court orders filed by attorneys must list an email address for all counsel, and signed orders are emailed with a digital certification seal. | Effective August 15, 2025 | This is mainly attorney-facing, but it also reinforces that raised-seal certified copies must be requested separately from the clerk when a physical certified copy is needed. |
Scenarios
| Archetype | Local path | Where Sunset helps |
|---|---|---|
| surviving spouse w/ co-owned home | The clerk says probate becomes necessary when the decedent owned assets solely in the decedent's name. A home held with survivorship rights, and accounts with survivorship, payable-on-death or beneficiary designations, are the kinds of items the local application tells you not to list as solely owned probate assets. If qualification is still needed, send the Application for Probate Appointment with the will and death certificate copy, wait for the Probate Division's callback, then bring the original will, death certificate, asset values, heir information and payment to Suite 300A. | Sunset helps separate probate assets from nonprobate transfers, organize co-owned and beneficiary-designated accounts, and prepare the local appointment packet for estate settlement. |
| out-of-state adult child w/ small estate | If the parent had a known place of residence in the City of Chesapeake, venue stays with this clerk (Va. Code § 64.2-443), including the nursing-home presumption when a Chesapeake resident died in a facility elsewhere. The application can be returned by fax, email or mail before travel, but the qualification appointment is described as in person. This clerk instructs a nonresident executor or administrator to bring a Virginia resident to the appointment to co-qualify or be designated as agent for service of process, with CC-1610 under Va. Code § 64.2-1426. If the estate fits the small-asset affidavit route, the current ceiling is $75,000, effective July 1, 2025 (Va. Code §§ 64.2-600 through 64.2-605), and qualification may be avoidable even though a will still must be probated. | Sunset helps collect balances, identify whether the affidavit path may fit, prepare questions for the Probate Division, and connect the family with Virginia counsel if an in-person qualification is still needed. |
| parent settling predeceased child's estate, home must be sold | The Chesapeake application asks for each address of real estate in the decedent's name, the City's assessed value and whether the parcel was jointly held, so gather those details before sending the application. If qualification with power to sell is needed, the commissioner of accounts for the First Judicial Circuit supervises the inventory and accounts from a private office in Chesapeake. A contested sale or title dispute would use the Wednesday civil motions process, scheduled at least fifteen days ahead. | Sunset helps find mortgage, tax, insurance and account information, assemble the probate packet, and connect the parent with a local probate attorney when a home sale, title question or dispute makes counsel important. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Chesapeake Circuit Court Clerk's Office, Probate Division | Reviews the Application for Probate Appointment, sets the probate appointment, and tells you what to bring. | (757) 382-3000. Probate Division fax (757) 382-3046. [email protected]. 307 Albemarle Drive, Suite 300A, third floor, Chesapeake, VA 23322. https://www.cityofchesapeake.net/1188/Probate |
| Application for Probate Appointment, City of Chesapeake | The clerk's local form, returned with a copy of the will and death certificate before an appointment is set. | https://www.cityofchesapeake.net/DocumentCenter/View/4346 |
| Chesapeake Circuit Court, Judiciary page | Lists the clerk's office hours, address, phone, and terms of court. | https://www.vacourts.gov/courts/circuit/chesapeake/home |
| Commissioners of Accounts directory | Search Chesapeake to find the commissioner who will review your inventory and accounts after qualification. | https://www.vacourts.gov/courts/circuit/resources/coa/home |
| Virginia circuit court forms | The statewide form set used for probate steps after the local Chesapeake application. | https://www.vacourts.gov/forms/circuit/home |
| Virginia Judiciary self-help probate forms | Plain-language index to probate forms and their uses. | https://selfhelp.vacourts.gov/page/37/probate-forms |
| Chesapeake Circuit Court Clerk's records and copies | Explains in-person records access, copy requests, certifications, and the clerk's paid land records subscription. | https://www.cityofchesapeake.net/1207/Records-Research-Copies |
| Legal Aid Society of Eastern Virginia | General civil legal aid for qualifying low-income residents. Its listed estate work is planning documents, not settling a decedent's estate, so ask at intake. | Central intake: (757) 827-5078, Monday, Tuesday, Thursday and Friday, 9:00 a.m. to 1:00 p.m. Norfolk office: 125 St. Paul's Blvd., Suite 400, Norfolk, VA 23510, (757) 627-5423. https://laseva.org/what-we-do/apply-for-services/ |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset helps families identify accounts, insurance, real estate, debts and beneficiary-designated assets before the City of Chesapeake application is sent to the Probate Division. That front-end work keeps the first appointment focused on the assets that actually require probate.
Generate the probate packet. Sunset organizes the information needed for estate settlement, including the local Application for Probate Appointment and the statewide Virginia forms that follow qualification, so you know what goes to the clerk and what goes later to the commissioner of accounts.
Find a local probate attorney. When a Chesapeake estate involves a home sale, a nonresident fiduciary, a witness issue, a disputed claim or a contested motion, Sunset can connect the family with a local probate attorney.
Sunset is free for families. Families can use Sunset to understand the process, gather documents and get matched with professional help without paying Sunset a fee.
Frequently asked questions
Where do I file probate in the City of Chesapeake?
File with the Chesapeake Circuit Court Clerk's Office, Probate Division, at 307 Albemarle Drive, Suite 300A, third floor, Chesapeake, VA 23322. The City of Chesapeake is an independent city with its own Clerk of the Circuit Court, and the city alone constitutes the First Judicial Circuit (Va. Code § 17.1-506(1)). Venue is generally the circuit court of the 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 the City of Chesapeake?
Yes, plan on an appointment. The clerk asks you to complete the Application for Probate Appointment before making the appointment. The application is returned to the Probate Division first, with a copy of the will and death certificate, and the office then calls to set the appointment.
What is the Application for Probate Appointment and where does it go?
It is the City of Chesapeake clerk's local probate intake form. Send it to the Probate Division with a copy of the will and death certificate by fax to (757) 382-3046, by email to [email protected], or by mail to City of Chesapeake, Circuit Court Clerk's Office, Probate Division, 307 Albemarle Drive, Suite 300A, Chesapeake, VA 23322. The clerk's form says the Probate Office will contact you within 24 to 48 hours after the application is reviewed to set an appointment. That is a callback time and not a guarantee of the appointment date.
What should I bring to the Chesapeake probate appointment?
If there is a will, bring the original will, a certified death certificate or obituary copy, values of solely owned personal property and Virginia real estate passing through probate, heirs' names, ages and addresses, any needed renunciation or death certificate for a named executor who will not serve, and payment. If there is no will, bring the certified death certificate, heirs' names, ages and addresses, estimated values of solely owned personal property and Virginia real estate, and payment.
How much does probate cost in the City of Chesapeake, and how can I pay?
The Commonwealth probate tax is 10 cents per $100 of estate value, and estates of $15,000 or less pay none (Va. Code § 58.1-1712, effective 2003). A Virginia city may also impose a local probate tax equal to one-third of the state tax (Va. Code § 58.1-1718), so ask the Probate Division for the total when it calls to set your appointment. The clerk accepts cash, checks, money orders, cashier's checks, certified checks, and Visa or MasterCard with a two percent convenience fee.
Can I view a City of Chesapeake estate file on a free public portal?
No free public portal displays the file. The clerk provides in-person access to public records at Suite 300A, and recorded wills can also be reached through the clerk's paid land records subscription. The Judiciary's general case information systems do not provide a public probate file display for a City of Chesapeake estate.
Do I have to travel to Chesapeake if I live out of state?
Expect the qualification appointment to be in person unless the clerk tells you otherwise. You can send the Application for Probate Appointment by fax, email or mail before traveling. The clerk instructs a nonresident executor or administrator to bring a Virginia resident to the appointment to co-qualify or to be designated as agent for service of process, and the statewide consent form is CC-1610 (Va. Code § 64.2-1426).
Where do I send the inventory and accounts after I qualify in the City of Chesapeake?
Send them to the commissioner of accounts assigned to the estate, at that commissioner's private office, not to the clerk's counter. The inventory is CC-1670 under Va. Code § 64.2-1300. The first account is CC-1680 and is due within 16 months from qualification, covering the first 12 months (Va. Code § 64.2-1304). Some estates may use CC-1681, the statement in lieu, when the statutory conditions are met.
Can I handle a City of Chesapeake probate matter by video?
No current local instruction offers video qualification. Qualification is described by the clerk as an appointment where you bring the original will and other documents to the clerk's office. Virginia circuit courts may allow remote participation in a civil proceeding at the court's discretion (Va. Code § 17.1-513.2), and Chesapeake civil motions are heard on Wednesdays by appointment, but that is different from qualifying before the clerk.
The decedent's will was recorded when this was Norfolk County. Who has it?
The Chesapeake clerk is the place to start. The City of Chesapeake was created when the former City of South Norfolk and former Norfolk County consolidated effective January 1, 1963. The clerk's records page lists will indexing and imaging from 1755 to current, including older South Norfolk and Norfolk County data.
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