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City of Fairfax, VA Probate Information
Quick facts
| Item | City of Fairfax details |
|---|---|
| Court and office | Fairfax Circuit Court Clerk's Office, Probate Division, serving the City of Fairfax and Fairfax County. |
| Courthouse address | Fairfax County Courthouse, 4110 Chain Bridge Road, Suite 401, Fairfax, VA 22030. The Probate Division is on the fourth floor. |
| Mailing | Use the Fairfax Circuit Court Clerk's Office address unless the Probate Division gives different instructions at your appointment. |
| Phone | Probate Division direct line: (703) 246-4153. Appointment scheduling: (703) 691-7320, press 3, 5, 1, TTY 711. |
| Fax | (703) 273-6564. |
| Hours and appointment times | The clerk's office is open 8 a.m. to 4 p.m. Monday through Friday. Probate appointments are required and are held at 8 a.m., 9 a.m., 10 a.m., 11 a.m., noon and 2:30 p.m. Monday through Thursday, and at 8 a.m. and 2:30 p.m. on Friday. |
| Probate tax and clerk fees | The Commonwealth probate tax is 10 cents per $100 under Va. Code § 58.1-1712, with the current clerk fee schedule effective July 1, 2026. The shared fee schedule does not list a separate local probate tax line for the City of Fairfax; a city may impose a local probate tax of one-third of the state tax under Va. Code § 58.1-1718, so confirm the total with the clerk when you make the appointment. |
| Local forms | Yes. The shared clerk publishes local probate forms, including J150 and J-130, plus a probate appointment checklist. |
| Electronic filing status | Do not plan on using VJEFS or the clerk's civil and land-record electronic systems for qualification. Fairfax's probate materials describe an in-person appointment with the Probate Division. |
| Case access | No free public portal shows a City of Fairfax estate file. Recorded wills and lists of heirs are handled through the clerk's records process. |
| Remote appearance | No current local source describes video or remote qualification. Qualification is an appointment before the clerk, not a hearing. |
| Website | Fairfax Circuit Court Probate Division and the Virginia Judiciary Fairfax Circuit Court page. |
Before you begin — know the assets and liabilities
Before you call the Probate Division, make a working list of the decedent's assets, debts, accounts, real estate interests, beneficiaries and heirs. The clerk's local Probate Information Form asks whether the decedent was a City of Fairfax or Fairfax County resident, so be ready to explain the decedent's legal residence, especially if death occurred in a nursing home or similar facility.
Sunset can start the estate settlement work before the appointment by helping identify accounts and assets across more than 2,300 institutions. That makes the probate appointment more focused, and it helps you decide whether full qualification is needed or whether a statewide non-qualification path may fit.
Which court handles jurisdiction
The City of Fairfax is an independent city, not a county subdivision. A will is offered for probate in the circuit court of the county or city where the decedent had a known place of residence, with a nursing-home residence presumption that looks back to the residence before admission (Va. Code § 64.2-443).
For a decedent whose known residence was in the City of Fairfax, the estate is a City of Fairfax matter in the Nineteenth Judicial Circuit. The counter is shared with Fairfax County because Va. Code § 17.1-506 places the City of Fairfax and Fairfax County in the same circuit, and the Fairfax Circuit Court Clerk's Office serves residents of both jurisdictions.
Do not redirect a City of Fairfax estate to another city simply because nearby addresses use Fairfax in the mailing address. The clerk's own venue guidance sends City of Falls Church matters to Arlington and City of Alexandria matters to Alexandria, but City of Fairfax matters are handled at the Fairfax Probate Division counter.
The jurisdiction process
- Confirm venue. If the decedent's known residence was in the City of Fairfax, use the shared Fairfax Circuit Court Clerk's Office probate counter in Suite 401, applying Va. Code § 64.2-443.
- Gather the will, death certificate, asset list, heir and beneficiary information, debt information and any bond information the clerk asks for. Use the shared clerk's local J150 Probate Information Form and the statewide CC forms that apply.
- Call the Probate Division appointment line at (703) 691-7320, press 3, 5, 1, TTY 711. Appointments are required and are held in the Probate Division.
- Attend the appointment in Suite 401. In Virginia, the clerk or a deputy clerk admits the will to probate and qualifies the personal representative, which means appoints and swears in the executor or administrator, under Va. Code § 64.2-444.
- Pay the Commonwealth probate tax and clerk fees shown on the current fee schedule. The Commonwealth probate tax is imposed under Va. Code § 58.1-1712, and the shared fee schedule effective July 1, 2026 does not show a separate City of Fairfax local probate tax line. Because a city may impose a local probate tax under Va. Code § 58.1-1718, confirm the appointment total with the Probate Division.
- Receive the certificate of qualification, CC-1625, after qualification. This is the document banks and other institutions use to recognize the personal representative's authority.
- Send the required notice regarding estate to the people entitled to notice within 30 days after qualification or admission of the will, and record the affidavit of notice within four months as required by Va. Code § 64.2-508.
- Work with the commissioner of accounts for the Nineteenth Judicial Circuit after qualification. The inventory goes to the commissioner of accounts within four months after the order conferring authority under Va. Code § 64.2-1300, and the first account is due within 16 months under Va. Code § 64.2-1304.
- Administer and close the estate. Pay valid expenses and claims in the required order, keep records for the commissioner of accounts, and use the closing route that fits the estate, such as a settled final account or a statement in lieu when the statutory requirements are met.
Forms and documents
Probate forms in the City of Fairfax
The City of Fairfax uses the shared Fairfax Circuit Court Clerk's Office probate forms. The local forms page includes the clerk's J150 Probate Information Form, which asks whether the decedent was a Fairfax County or City of Fairfax resident, and J-130, Appointment of Resident Agent by Nonresident Fiduciary.
You also use the statewide Virginia circuit court fiduciary forms where they apply, including CC-1650 for probate information, CC-1651 for the probate tax return when required by Va. Code § 58.1-1714, CC-1611 for the list of heirs, CC-1610 for a nonresident fiduciary's consent to service of process, CC-1625 for the certificate of qualification, CC-1670 for the inventory, CC-1680 for the account, and CC-1681 for a statement in lieu of account.
The statewide small estate affidavit, CC-1685, is presented to the asset holder when that statewide route applies. It is not a local clerk filing.
Fees
| Charge | City of Fairfax shared-counter rule |
|---|---|
| Commonwealth probate tax | 10 cents per $100 under Va. Code § 58.1-1712, as shown on the shared clerk fee schedule effective July 1, 2026. Estates of $15,000 or less are exempt under Va. Code § 58.1-1712. |
| Local probate tax | The shared Fairfax fiduciary and probate fee schedule effective July 1, 2026 does not list a separate local probate tax line for the City of Fairfax. A city may impose a local probate tax equal to one-third of the state tax under Va. Code § 58.1-1718, so ask the Probate Division to state the total at scheduling. |
| Qualification fee | The schedule effective July 1, 2026 follows Va. Code § 17.1-275(A)(3): $0 for estates of $5,000 or less, $20 for estates not exceeding $50,000, $25 for estates not exceeding $100,000, and $30 for estates exceeding $100,000. |
| Recording a will, list of heirs or affidavit of notice | The schedule effective July 1, 2026 lists $18 for 1 to 10 pages, $32 for 11 to 30 pages, and $52 for 31 or more pages under Va. Code § 17.1-275(A)(2). |
| Certificate of qualification | The schedule effective July 1, 2026 lists $2 per certificate under Va. Code § 17.1-275(A)(9), with one certificate included at the appointment. |
| List of heirs or real estate affidavit with no qualification | The schedule effective July 1, 2026 lists $44 for a list of heirs or real estate affidavit with no qualification, and $19 for a real estate affidavit where qualification occurred elsewhere. |
| Credit card processing | The schedule effective July 1, 2026 lists a 4 percent credit card processing charge for Visa and MasterCard. |
Local nuance
City of Fairfax-specific considerations
| Local point | What it means for a City of Fairfax estate |
|---|---|
| Shared clerk, city matter | The City of Fairfax has its own probate venue, but the same Fairfax Circuit Court Clerk's Office serves both the City of Fairfax and Fairfax County. Open the matter at the shared Probate Division counter. |
| Courthouse location | The shared Probate Division is at the Fairfax County Courthouse, 4110 Chain Bridge Road, Suite 401, in Fairfax. For this shared-clerk city, the counter is physically in Fairfax, not in a distant county seat. |
| Required appointment | The clerk's local probate page requires appointments and lists specific appointment times. Call before going to Suite 401. |
| Commissioner of accounts | After qualification, the commissioner of accounts for the Nineteenth Judicial Circuit supervises the inventory and accounts from 10400 Eaton Place, Suite 450, Fairfax, VA 22030, phone (703) 667-4900. The commissioner is not the clerk. |
| Recent local death certificates | For deaths occurring in Fairfax County or the City of Fairfax within the last five years, the clerk's brochure directs families to the Joseph Willard Health Center, 3750 Old Lee Highway, Fairfax, (703) 246-7100. |
Recent updates
| Update | Current City of Fairfax practice |
|---|---|
| Fairfax fiduciary and probate fee schedule | The shared clerk's CCR A-30 fee schedule is effective July 1, 2026 and is the local fee sheet used at the counter serving City of Fairfax estates. |
| Commissioner of accounts roster | The Judiciary roster updated May 28, 2026 lists the Nineteenth Judicial Circuit commissioner of accounts office at 10400 Eaton Place, Suite 450, Fairfax. |
Scenarios
| Situation | Likely City of Fairfax path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by identifying which assets pass outside probate and which assets require action by the clerk. If a will must be admitted or a personal representative must qualify, schedule the Suite 401 appointment and bring the local J150 form, death certificate and asset information. | Sunset helps separate jointly held assets from probate assets, organize account information and prepare the local appointment packet. |
| Out-of-state adult child with small estate | If full qualification is needed, the out-of-state child can serve but should expect to sign CC-1610, the nonresident fiduciary consent to service of process, and should ask the clerk about bond and surety at scheduling. | Sunset helps identify whether a statewide non-qualification option may work, prepares the forms list and connects the family with local counsel when surety or travel issues matter. |
| Parent settling predeceased child's estate, home must be sold | If the estate needs a personal representative to sell or manage real estate, schedule the Probate Division appointment and plan for commissioner of accounts oversight after qualification. | Sunset helps gather asset and liability information, generate the probate packet and find a local probate attorney for the sale and commissioner process. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Fairfax Circuit Court Probate Division | Local probate appointment instructions, Administration of Estates materials, local forms and the counter serving both the City of Fairfax and Fairfax County. | 4110 Chain Bridge Road, Suite 401, Fairfax. Probate direct line: (703) 246-4153. Appointment line: (703) 691-7320, press 3, 5, 1, TTY 711. |
| Commissioner of Accounts for the Nineteenth Judicial Circuit | Supervises inventories and accounts after qualification. | 10400 Eaton Place, Suite 450, Fairfax, VA 22030. (703) 667-4900. |
| Virginia circuit court fiduciary forms | Statewide CC forms used with the shared clerk's local J150 and J-130 forms. | Use the Virginia Judiciary circuit court fiduciary forms page. |
| Legal Services of Northern Virginia, Fairfax office | General civil legal aid for financially eligible residents. Its listed practice areas include life planning and guardianship, not estate administration by name. | 10700 Page Avenue, Suite 100, Fairfax, VA 22030. (703) 778-6800. Walk-in Wednesdays 9:30 a.m. to 4:00 p.m., closed noon to 1:30 p.m. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset helps families build the asset picture before the City of Fairfax probate appointment, including bank accounts, investment accounts, insurance, retirement accounts, real estate and liabilities that shape the estate settlement plan.
Generate the probate packet. Sunset turns the family information into an organized packet for the Fairfax Probate Division, including the local form checklist and the statewide Virginia forms that fit the estate.
Find a local probate attorney. When a City of Fairfax estate needs legal help, Sunset can connect the family with a vetted Virginia probate attorney who understands qualification, the commissioner of accounts and local Fairfax procedures.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, documents and next steps without paying Sunset for the probate planning workflow.
Frequently asked questions
Where do I file to probate a will for a City of Fairfax resident?
Use the Probate Division of the Fairfax Circuit Court Clerk's Office at 4110 Chain Bridge Road, Suite 401, Fairfax. A City of Fairfax estate is a city matter under Va. Code § 64.2-443, but the City of Fairfax and Fairfax County share the same clerk's counter in the Nineteenth Judicial Circuit.
Is the City of Fairfax's clerk the same as Fairfax County's clerk?
Yes. The shared Fairfax Circuit Court Clerk's Office serves residents of both the City of Fairfax and Fairfax County. That does not turn a City of Fairfax estate into a county matter; it only means the same Probate Division counter handles both.
Do I meet with a judge to open a City of Fairfax estate?
No. In ordinary Virginia qualification, you meet with the clerk or a deputy clerk, who admits the will to probate and qualifies the personal representative under Va. Code § 64.2-444. A judge becomes involved only in contested or appealed matters under statutes such as Va. Code §§ 64.2-445, 64.2-446 and 64.2-448.
Does the City of Fairfax have its own probate forms?
The shared clerk publishes local forms for the Fairfax Probate Division, including J150 and J-130. J150 asks whether the decedent was a Fairfax County or City of Fairfax resident. You also use the statewide Virginia circuit court fiduciary forms when they apply.
Can I use VJEFS or the clerk's electronic systems for City of Fairfax probate?
Do not plan on it. The Judiciary's VJEFS participant list does not include Fairfax, and the Fairfax clerk's FSX and EFS systems are described for civil, criminal and land records work. The Probate Division describes qualification as an appointment in Suite 401.
Can I view a City of Fairfax estate file through a free public online portal?
No free public portal is listed for City of Fairfax estate files. The Judiciary's Fairfax page links eCaseSearch for civil and criminal case numbers, while probate qualification and will-book filings are handled through the clerk's probate and records process.
Does the City of Fairfax charge a local probate tax?
The shared Fairfax fiduciary and probate fee schedule effective July 1, 2026 does not list a separate local probate tax line for the City of Fairfax. The Commonwealth probate tax is imposed by Va. Code § 58.1-1712, and a city may impose a local probate tax of one-third of the state tax under Va. Code § 58.1-1718, so ask the Probate Division for the total when you schedule.
Do I have to travel to Fairfax in person?
The clerk's probate materials describe required in-person appointments in Suite 401 and no current remote qualification option is listed. If travel is difficult, call the Probate Division before the appointment to ask what documents can be prepared in advance and whether any accommodation is available.
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.