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Craig County, VA Probate Information
Quick facts
| Item | Craig County information |
|---|---|
| Court | Craig Circuit Court, Twenty-fifth Judicial Circuit of Virginia. Probate and qualification are handled by the Clerk of the Circuit Court. |
| Courthouse address | 182 Main Street, Suite 4, New Castle, VA 24127 |
| Mailing address | P.O. Box 185, New Castle, VA 24127 |
| Phone | (540) 864-6141 |
| Fax | (540) 864-7471 |
| Hours | 8:30 a.m. to 4:30 p.m., Monday through Friday. No lunch closure or probate intake cutoff is published, so call before you go. |
| Probate tax and clerk charges | The state probate tax is 10 cents per $100 of value for estates over $15,000, under Va. Code § 58.1-1712, figures in place since 2003. A county may add a one-third local probate tax under Va. Code § 58.1-1718; ask the Craig County clerk to calculate the total when you call. |
| Local forms | No separate Craig County probate packet is published. Use the Virginia Circuit Court fiduciary forms. |
| VJEFS status | Craig Circuit Court participates in the Virginia Judiciary eFiling System for Virginia State Bar members and their staff. It is not a self-represented route for qualifying before the clerk. |
| Estate file access | No free public portal shows a Craig County estate file. OCIS does not include probate records. View will-book records through the clerk's office unless the clerk gives you another records access option. |
| Remote appearance | No current Craig County page publishes video or mail qualification. Plan on an in-person clerk appointment unless the clerk tells you otherwise. |
| Website | Craig Circuit Court |
Before you begin — know the assets and liabilities
Before you call the Craig County clerk, make a working list of the decedent's assets, debts, real estate, account titles and known heirs or beneficiaries. Virginia qualification turns on practical details, including whether there is a will, whether someone must sell real estate, whether a bank will accept a small-estate form, and who is willing to serve as personal representative.
Sunset's estate settlement tools help families find accounts and assets across more than 2,300 financial institutions before the clerk appointment, so you can explain the estate clearly when you call New Castle and when you later work with the commissioner of accounts.
Which court handles jurisdiction
File for probate in the circuit court of the county or city where the decedent had a known place of residence (Va. Code § 64.2-443). For a Craig County resident, that means the Clerk of the Circuit Court's counter at 182 Main Street, Suite 4, in New Castle.
Craig County is part of the Twenty-fifth Judicial Circuit, along with the Cities of Buena Vista, Covington, Lexington, Staunton and Waynesboro and the Counties of Alleghany, Augusta, Bath, Botetourt, Highland and Rockbridge (Va. Code § 17.1-506). Craig County still has its own separate clerk and courthouse. The commissioner of accounts for Craig County works from an office in Fincastle, which does not change where you open the estate.
The jurisdiction process
- Gather the original will if there is one, a certified death certificate, names and addresses of heirs and beneficiaries, asset information, and any documents the clerk asks you to bring.
- Call the Craig County Clerk of the Circuit Court at (540) 864-6141 before going to 182 Main Street, Suite 4, in New Castle. Ask what the clerk wants for the probate appointment and whether any current local scheduling instructions apply.
- Bring the will and qualification paperwork to the clerk's office. In Virginia, the clerk may admit the will to probate and qualify the executor or administrator, which is Virginia's word for being appointed and sworn in (Va. Code §§ 64.2-443, 64.2-444).
- Pay the state probate tax and clerk charges calculated by the clerk. The state probate tax is imposed under Va. Code § 58.1-1712, and a county may add a one-third local probate tax under Va. Code § 58.1-1718, so ask the clerk to calculate the Craig County total before you arrive.
- If no hearing is needed, no circuit court term date controls ordinary qualification. A circuit court judge becomes involved only if there is a contest, appeal or other contested court matter.
- After qualification, send the required notice of probate to the people entitled to notice within 30 days, then record the notice affidavit with the clerk within four months (Va. Code § 64.2-508).
- Use the certificate of qualification, CC-1625, to deal with banks, transfer agents and other institutions. If you live outside Virginia, be prepared to sign CC-1610, Consent of Nonresident Fiduciary for Service of Process (Va. Code § 64.2-1426).
- Work with the Craig County commissioner of accounts, whose contact information is listed in the Virginia Judiciary commissioner directory, for the inventory and account. The inventory goes to the commissioner of accounts four months after qualification, and the first account is due 16 months after qualification (Va. Code §§ 64.2-1300, 64.2-1304).
- Close the estate settlement through the commissioner of accounts using the appropriate Virginia account, statement in lieu or final settlement process.
Forms and documents
Probate forms in Craig County
Craig County does not publish a separate county probate packet or checklist. Use the statewide Virginia Circuit Court fiduciary forms and call the clerk before the appointment to ask which forms the office wants completed in advance.
| Form | Use |
|---|---|
| CC-1650, Probate Information Form | Information the clerk commonly collects for a probate or qualification appointment. |
| CC-1651, Probate Tax Return | Used when the probate tax return is required under Va. Code § 58.1-1714. |
| CC-1610, Consent of Nonresident Fiduciary for Service of Process | Used when a nonresident personal representative qualifies in Virginia (Va. Code § 64.2-1426). |
| CC-1611, List of Heirs | Filed at qualification or when a will is presented and no one qualifies (Va. Code § 64.2-509). |
| CC-1625, Certificate / Letter of Qualification | The authority document issued by the clerk after qualification. |
| CC-1670, Inventory of Decedent's Estate | Submitted to the commissioner of accounts after qualification (Va. Code § 64.2-1300). |
| CC-1680, Account for Decedent's Estate | Used for the first account due 16 months after qualification (Va. Code § 64.2-1304). |
| CC-1681, Statement in Lieu of Settlement of Account | Used when the statewide requirements for a statement in lieu are met. |
| CC-1685, Small Estate Affidavit | Presented to the asset holder when the statewide small-estate affidavit rules apply. It is not filed with the clerk. |
| CC-1686 and CC-1687 | Used for the optional creditor notice process under Va. Code § 64.2-508.1. |
Statewide fiduciary forms are available from the Virginia Judiciary at Circuit Court Fiduciary Forms.
Recent updates
Scenarios
| Scenario | Local path | Where Sunset helps |
|---|---|---|
| surviving spouse w/ co-owned home | Call the Craig County clerk at (540) 864-6141 to plan the New Castle appointment. Real estate can affect the probate tax calculation under Va. Code § 58.1-1712 even when it does not need day-to-day administration. | Sunset helps identify co-owned accounts, real estate questions and beneficiary assets before the spouse decides whether qualification is needed. |
| out-of-state adult child w/ small estate | VJEFS is attorney-only and is not the way a self-represented child qualifies before the clerk. A nonresident fiduciary should expect CC-1610 and a surety question unless a Virginia resident qualifies too or the clerk waives surety (Va. Code §§ 64.2-1426, 64.2-1411). | Sunset helps organize account information and generate a probate packet so the adult child can make one focused call to the clerk. |
| parent settling predeceased child's estate, home must be sold | Plan for qualification at 182 Main Street, Suite 4, in New Castle if the estate needs a personal representative to sell the home. After qualification, work with the commissioner of accounts listed for Craig County, whose office is in Fincastle, for the inventory and accounts. | Sunset helps map assets, debts and real estate issues, then can connect the family with a local probate attorney for the sale and estate settlement. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Craig Circuit Court, Virginia Judiciary | Clerk phone, fax, hours, address, judges and term dates for the Craig County courthouse. | Craig Circuit Court |
| Virginia Circuit Court fiduciary forms | Statewide probate, qualification, inventory, account, notice and small-estate forms. | Fiduciary forms |
| Commissioners of Accounts directory | Current contact information for the commissioner of accounts who supervises Craig County fiduciaries after qualification. | Commissioners of Accounts directory |
| Blue Ridge Legal Services, Roanoke office | General civil legal aid for Craig County residents. It is not listed as probate administration help. | Blue Ridge Legal Services Roanoke office; (540) 344-2080; client toll-free (866) 534-5243; intake 9:00 to 11:45 a.m. or 1:30 to 3:30 p.m., Monday through Friday |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help families identify accounts, policies and assets before the Craig County clerk appointment.
Generate the probate packet. Sunset organizes the information needed for estate settlement and helps prepare the Virginia forms and supporting documents you can review before calling the clerk.
Find a local probate attorney. When a Craig County estate involves a home sale, creditor dispute, nonresident fiduciary issue or contested will, Sunset can connect the family with a local probate attorney.
Sunset is free for families. Families can use Sunset to understand the estate, organize next steps and move through estate settlement with clearer information.
Frequently asked questions
Where do I file to probate a will in Craig County?
Use the Clerk of the Circuit Court's office at 182 Main Street, Suite 4, in New Castle. 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).
Is a circuit court judge involved when I qualify in Craig County?
Usually no. The clerk may admit the will to probate and qualify the personal representative under Va. Code § 64.2-444. A circuit court judge becomes involved only if there is a contest, appeal or other disputed matter.
Does the Craig County clerk have its own probate forms?
No separate Craig County probate packet is published. Use the Virginia Circuit Court fiduciary forms, including CC-1650, CC-1611, CC-1625, CC-1670 and CC-1680, and ask the clerk which forms to bring to the appointment.
Can I use VJEFS for Craig County probate papers?
Not for self-represented qualification. Craig Circuit Court participates in VJEFS, but that system is for Virginia State Bar members and their designated staff. Qualification still happens through the clerk.
Can I view a Craig County estate file on the internet?
No free public portal shows a Craig County estate file, and OCIS does not include probate records. Ask the clerk how to view will-book records for a particular estate.
What will it cost to probate a will in Craig County?
The state probate tax is 10 cents per $100 of value for estates over $15,000, under Va. Code § 58.1-1712, figures in place since 2003. Virginia law also allows a county to impose a one-third local probate tax under Va. Code § 58.1-1718. Ask the Craig County clerk to calculate the total for the estate before your appointment.
Do I have to come to New Castle in person?
Plan on going to the Craig County clerk's office in New Castle unless the clerk gives you different instructions. No current Craig County page publishes a video or mail qualification option.
Where do I send the inventory and accounts after I qualify?
Send them to the commissioner of accounts, not to the clerk. The Virginia Judiciary's commissioner directory lists the Craig County commissioner of accounts, whose office is in Fincastle. The inventory is due four months after qualification, and the first account is due 16 months after qualification (Va. Code §§ 64.2-1300, 64.2-1304).
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.