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Clarke County, VA Probate Information
Quick facts
| Item | Clarke County information |
|---|---|
| Court | Clarke Circuit Court, Twenty-sixth Judicial Circuit of Virginia. Probate and qualification are handled by the Clerk of the Circuit Court. |
| Courthouse address | 102 N. Church Street, Berryville, VA 22611 |
| Mailing address | Use the courthouse address unless the clerk gives you different mailing instructions. |
| Phone | (540) 955-5116. The county page directs probate applicants to this number for appointments. |
| Fax | (540) 955-0284 |
| Hours | 8:00 a.m. to 4:00 p.m., Monday through Friday. Land-record instrument recordation ends at 3:30 p.m. |
| Probate tax and fees | The Commonwealth probate tax is 10 cents per $100 of estate value, with estates of $15,000 or less exempt, under Va. Code § 58.1-1712, since July 1, 2003. A county may add a local probate tax equal to one-third of the state tax under Va. Code §§ 58.1-1718 and 58.1-3805, so confirm the total with the clerk before your appointment. Clarke County's application says probate taxes and fees are due at the appointment by cash or check. |
| Local forms | Yes. Clarke County publishes an Application for Probate Appointment. Statewide CC-series fiduciary forms cover the rest. |
| Electronic submission | Clarke County is not listed as a participating VJEFS court. Plan for the clerk's appointment process in Berryville. |
| Case information | No free public portal shows Clarke County estate files. Will-book records are handled through the clerk's office. Clarke County also links a free property-recording name alert service, which is not a case file viewer. |
| Remote appearance | No current Clarke County source states that probate qualification can be completed by video. Qualification is normally an appointment with the clerk, and the local application requires original documents. |
| Websites | Virginia Judiciary Clarke Circuit Court page: https://www.vacourts.gov/courts/circuit/clarke/home Clarke County Circuit Court page: https://www.clarkecounty.gov/government/court-system/circuit-court |
Before you begin — know the assets and liabilities
Before you call Clarke County's clerk, gather the will, death certificate, names and addresses of heirs, and a working list of assets and debts. The local Application for Probate Appointment asks for approximate values of solely held assets, and that information drives the probate tax, bond questions, and whether full qualification is needed.
Sunset's 2,300-institution asset discovery can help identify accounts before the appointment, so estate settlement starts with a more complete picture instead of a partial list.
Which court handles jurisdiction
Clarke County estates are handled at the Clerk of the Circuit Court's counter at 102 N. Church Street in Berryville. Clarke County has its own clerk and courthouse. It is part of the Twenty-sixth Judicial Circuit with the Cities of Harrisonburg and Winchester and the Counties of Clarke, Frederick, Page, Rockingham, Shenandoah, and Warren (Va. Code § 17.1-506).
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 moved to a nursing home or similar institution is presumed to keep the prior legal residence unless that is rebutted (Va. Code § 64.2-443). For a Clarke County resident, start in Berryville.
The jurisdiction process
- Complete Clarke County's Application for Probate Appointment. The clerk's application asks for the original will and codicils if any, a certified death certificate, approximate values of solely held assets, heir information, photo identification, and payment by cash or check.
- Submit the application before scheduling. Clarke County states that appointments are required to probate wills and instructs applicants to use the checklist and appointment application before calling (540) 955-5116.
- Bring the original documents to the Clerk of the Circuit Court at 102 N. Church Street in Berryville. In Virginia, you qualify, which means being appointed and sworn in, before the clerk rather than starting with a judge (Va. Code §§ 64.2-443, 64.2-444).
- Pay the probate tax and statutory fees at the appointment. The Commonwealth probate tax is 10 cents per $100 of estate value, with estates of $15,000 or less exempt, under Va. Code § 58.1-1712, since July 1, 2003. A county may add a local probate tax equal to one-third of the state tax under Va. Code §§ 58.1-1718 and 58.1-3805, so ask the clerk for the exact total when you schedule.
- Handle the required notice after probate or qualification. Virginia notice to heirs and beneficiaries is mailed or delivered within 30 days after qualification or admission of the will, and the notice affidavit is recorded within four months (Va. Code § 64.2-508).
- Do not expect a routine hearing to open the estate. Clarke County's local process is an appointment with the clerk. If a contested matter later requires court action, Virginia allows remote participation in a civil hearing only at the court's discretion (Va. Code § 17.1-513.2).
- Get the certificate of qualification. The clerk may issue a certificate of qualification, CC-1625, which is the authority document used to deal with banks, buyers, insurers, and other institutions (Va. Code § 64.2-506).
- Work with the commissioner of accounts after qualification. The inventory is returned to the commissioner of accounts within four months after the order conferring authority, and the first account is due within 16 months under Va. Code §§ 64.2-1300 and 64.2-1304. Clarke County has two commissioner offices listed in Berryville through the Judiciary's commissioner directory.
Forms and documents
Probate forms in Clarke County
Clarke County publishes a local Application for Probate Appointment. It is more than a short checklist: it tells applicants to return the application before setting the appointment, and to include the death certificate and original will if there is one. The application also tells applicants to bring valid photo identification and cash or check for probate tax and fees.
The rest of the probate form set is statewide. Common Virginia fiduciary forms include the Probate Information Form CC-1650, Probate Tax Return CC-1651, Consent of Nonresident Fiduciary for Service of Process CC-1610, List of Heirs CC-1611, Certificate / Letter of Qualification CC-1625, Inventory of Decedent's Estate CC-1670, Account for Decedent's Estate CC-1680, Statement in Lieu of Settlement of Account CC-1681, Small Estate Affidavit CC-1685, Notice to Creditors Regarding Estate CC-1686, and Affidavit of Notice to Creditors Regarding Estate CC-1687.
No other Clarke-specific probate form was provided on the county page. Use the Clarke appointment application for intake and the Virginia Judiciary's Circuit Court Fiduciary Forms page for the CC-series forms.
Recent updates
Scenarios
| Scenario | Likely Clarke County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start with the Clarke County Application for Probate Appointment and gather the will, death certificate, heir addresses, and asset values before calling the clerk. If qualification is needed, the spouse qualifies at the Berryville clerk's counter and files the list of heirs, CC-1611, at qualification. | Sunset helps identify accounts, organize home and title information, and generate a packet for the appointment so estate settlement does not start with missing asset details. |
| Out-of-state adult child with small estate | Clarke County requires the appointment application before scheduling and does not participate in VJEFS. A nonresident personal representative signs CC-1610 at the clerk's counter and should expect surety unless a Virginia resident qualifies at the same time or the clerk waives surety under Va. Code §§ 64.2-1426 and 64.2-1411. If a small-estate affidavit is the right statewide route, it is presented to the holder of the asset, not filed in Berryville. | Sunset helps sort which assets actually require qualification, prepare the local intake packet, and connect the family with a Virginia probate attorney when travel, surety, or a resident co-fiduciary question comes up. |
| Parent settling predeceased child's estate, home must be sold | If a sale requires qualification, the parent starts with Clarke County's appointment application and qualifies at the clerk's counter. After qualification, the commissioner of accounts supervises the inventory and accounts, with both listed commissioner offices in Berryville. The first account is due within 16 months under Va. Code § 64.2-1304. | Sunset helps find accounts and debts, create a clean task list for the sale and administration, and prepare the information an attorney or commissioner will ask for during estate settlement. |
Self-help resources
| Resource | What it offers |
|---|---|
| Clarke Circuit Court, Virginia Judiciary | Clerk's address, phone, fax, office hours, judges, and term dates for the Clarke Circuit Court. |
| Clarke County Circuit Court page | The clerk's probate appointment requirement, link to the Application for Probate Appointment, office hours, the 3:30 p.m. land-recording cutoff, and the property-recording name alert service. |
| Virginia Judiciary Circuit Court Fiduciary Forms | Statewide CC-series probate and fiduciary forms used in Clarke County. |
| Virginia Judiciary Commissioners of Accounts directory | Searchable roster for the current Clarke County commissioner of accounts offices and the statewide commissioner information page. |
| Blue Ridge Legal Services, Winchester office | General civil legal aid for income-eligible residents of Clarke County, Frederick County, Shenandoah County, Warren County, and the City of Winchester. The Winchester office lists phone (540) 662-5021 and toll-free (800) 678-5021. |
When to hire an attorney
Consider a Virginia probate attorney if the will is disputed, a house must be sold, a nonresident fiduciary needs bond advice, creditors are a concern, or the family is unsure whether qualification is needed at all. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across 2,300 institutions to help families identify bank, brokerage, retirement, insurance, and other accounts that may affect the Clarke County probate appointment.
Generate the probate packet. Sunset organizes the information needed for estate settlement, including asset details, heirs, debts, and the documents commonly requested before qualification.
Find a local probate attorney. When a Clarke County estate needs legal help, Sunset can connect the family with a vetted Virginia probate attorney.
Sunset is free for families. Families can use Sunset to understand next steps, collect information, and move through estate settlement with a clearer plan.
Frequently asked questions
Where do I file to probate a will in Clarke County?
File through the Clerk of the Circuit Court at 102 N. Church Street in Berryville. 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 Clarke County?
Yes. Clarke County states that appointments are required to probate wills. Use the county's Application for Probate Appointment first, then call (540) 955-5116 to schedule.
Do I have to go before a judge to be appointed in Clarke County?
No for a routine opening. In Virginia, the Clerk of the Circuit Court may admit the will, appoint and qualify the personal representative, and take the required bond with the same effect as the circuit court (Va. Code § 64.2-444).
Can I submit Clarke County probate papers through VJEFS?
No. Clarke County is not listed as a VJEFS participating court. Plan to follow the clerk's appointment process in Berryville.
Can I view a Clarke County estate file on the internet?
No free public portal shows Clarke County estate files. The county links a free property-recording name alert service, but that service is not a case file viewer.
What will it cost to probate a will in Clarke County?
The Commonwealth probate tax is 10 cents per $100 of estate value, with estates of $15,000 or less exempt, under Va. Code § 58.1-1712, since July 1, 2003. A county may add a local probate tax equal to one-third of the state tax under Va. Code §§ 58.1-1718 and 58.1-3805, so ask the clerk for the exact total when you schedule. Statutory qualification and recording fees under Va. Code § 17.1-275 may also apply.
How do I pay the probate tax in Clarke County?
Clarke County's Application for Probate Appointment says fees and taxes are due on the day of the appointment and must be paid by cash or check.
Where do I send the inventory and accounts after qualification?
Send the inventory and accounts to the commissioner of accounts, not to the clerk. The inventory is due within four months after the order conferring authority, and the first account is due within 16 months under Va. Code §§ 64.2-1300 and 64.2-1304. The Virginia Judiciary's commissioner directory lists the current Clarke County commissioner offices.
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.