Back to Virginia
Fairfax County, VA Probate Information
Quick facts
| Item | Fairfax County details |
|---|---|
| Court and office | Fairfax Circuit Court, Probate Division of the Clerk of the Circuit Court |
| Courthouse address | 4110 Chain Bridge Road, Suite 401, Fairfax, VA 22030. The Probate Division is on the fourth floor of the Fairfax County Courthouse in the City of Fairfax. |
| Mailing address | Fairfax Circuit Court, Probate Division, 4110 Chain Bridge Road, Suite 401, Fairfax, VA 22030 |
| Probate phone | (703) 246-4153 |
| Appointment phone | (703) 691-7320, press 3, 5, 1. TTY 711. |
| Fax | (703) 273-6564. Fairfax does not publish this as a probate filing method. |
| Hours | 8:00 a.m. to 4:00 p.m., Monday through Friday, excluding courthouse closures. The Historic Records Center has its own lunch closure, but the Probate Division does not publish one. |
| Appointment rule | Required. Probate appointments are in person in Suite 401 and usually take about 45 to 60 minutes. |
| Appointment times | 8:00 a.m., 9:00 a.m., 10:00 a.m., 11:00 a.m., noon and 2:30 p.m. Monday through Thursday. 8:00 a.m. and 2:30 p.m. on Fridays. |
| Costs at opening | The Commonwealth probate tax is 10 cents per $100 of estate value, and estates of $15,000 or less pay no probate tax (Va. Code § 58.1-1712, unchanged since 2003). Fairfax also applies the statutory qualification fee and recording charges shown on its Fiduciary and Probate Fees schedule effective July 1, 2026. The Probate Division calculates the total at the appointment and does not quote it by phone. |
| Local forms | Yes. Fairfax publishes a local Probate Information Form, J150, and an Appointment of Resident Agent by Nonresident Fiduciary, J-130, along with statewide Virginia CC forms. |
| Electronic filing status | No electronic probate opening. Qualification is an in-person appointment with the clerk's Probate Division. The court has a separate optional electronic service for civil cases, including some fiduciary or estate complaints. |
| Estate file access | No free public portal shows a Fairfax County fiduciary file. eCaseSearch covers civil and criminal case numbers only and does not provide documents. Fiduciary documents are available through the clerk's paid subscription network or at the clerk's office after they are recorded or approved. |
| Commissioner of accounts | Commissioner of Accounts for the Nineteenth Judicial Circuit, 10400 Eaton Place, Suite 450, Fairfax, VA 22030, (703) 667-4900. Inventories and accounts go there, not to the Probate Division. |
| Remote appearance | Fairfax publishes in-person qualification. Virginia circuit courts may allow telephone or video appearance in a civil proceeding at the court's discretion (Va. Code § 17.1-513.2), but qualification before the clerk is not a civil hearing. |
| Website | Fairfax Circuit Court Probate Division |
Before you begin — know the assets and liabilities
Before you call Fairfax for an appointment, make a working list of the decedent's solely owned assets, debts, real estate, beneficiary-designated accounts and jointly owned property. The Probate Division asks for values as of the date of death, and those values drive the probate tax, qualification fee and bond set at the appointment.
Sunset's estate settlement process starts with asset discovery across more than 2,300 financial institutions, then organizes what belongs in the Fairfax probate appointment, what may pass outside probate and what later goes to the Commissioner of Accounts.
Which court handles jurisdiction
Fairfax County estates are opened at the Fairfax Circuit Court, Probate Division, 4110 Chain Bridge Road, Suite 401, Fairfax, VA 22030. The courthouse is physically in the City of Fairfax, an independent city, and the same elected Clerk of the Circuit Court serves both Fairfax County and the City of Fairfax in the Nineteenth Judicial Circuit (Va. Code § 17.1-506).
Use Fairfax County if the decedent had a known place of residence in Fairfax County. 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 died while a patient in a nursing home or similar institution, Virginia presumes the legal residence is where the person lived before becoming a patient, unless that is rebutted.
Fairfax County includes the towns of Clifton, Herndon and Vienna and the county's unincorporated communities. The cities of Alexandria, Fairfax and Falls Church are independent cities. Fairfax's own probate guidance sends City of Alexandria residents to the Circuit Court of Alexandria and City of Falls Church residents to Arlington County Circuit Court.
The jurisdiction process
- Call the Probate Division at (703) 691-7320, press 3, 5, 1, or call (703) 246-4153, to schedule the required appointment. The appointment is held in Suite 401 on the fourth floor.
- Gather the original will and any codicils, a certified death certificate, photo identification, names, ages and addresses of heirs at law, and date-of-death values for solely held assets and real estate. If the decedent died in a nursing home, bring the address where the decedent lived before entering the facility.
- Complete Fairfax's local Probate Information Form, J150, if you can. The Probate Division can also prepare it at the appointment. A nonresident prospective executor or administrator should call before booking and expect to bring a Virginia resident to co-qualify or serve as resident agent on Fairfax's local J-130 form, alongside the statewide consent rule for nonresident fiduciaries (Va. Code § 64.2-1426).
- Attend the in-person appointment. In Virginia, you qualify, meaning you are appointed and sworn, before the Clerk of the Circuit Court or a deputy clerk (Va. Code § 64.2-444). You do not go before a judge to open an ordinary estate.
- Pay the probate tax, qualification fee and recording charges calculated at the counter. The Commonwealth probate tax is 10 cents per $100 of estate value, and estates of $15,000 or less pay no probate tax (Va. Code § 58.1-1712, unchanged since 2003). Fairfax accepts cash, cashier's checks, money orders, personal checks and Visa or MasterCard, with a 4 percent card charge.
- Receive the certificate of qualification, CC-1625, if you qualify as personal representative. Fairfax's fee schedule effective July 1, 2026 says one certificate is issued free at the appointment and additional certified copies are $2 each.
- Send the required notice regarding the estate to the people entitled to notice, then record the affidavit of notice with the Probate Division. The Commissioner of Accounts will not approve the inventory until that affidavit is recorded.
- Send the inventory and later accounts to the Commissioner of Accounts for the Nineteenth Judicial Circuit at 10400 Eaton Place, Suite 450, Fairfax. The commissioner, not the clerk, audits the inventory, accounts and statement in lieu as part of estate settlement.
- If a will contest, appeal of the clerk's order, exception to an accounting, disputed creditor claim or request to remove a fiduciary arises, Fairfax routes the matter out of routine clerk qualification and into the judge-side civil process. Appeals of a probate clerk's order and exceptions to an accounting are filed in the Probate Division with no filing fee under Fairfax's current schedule.
Executor duties
| Local duty | Fairfax County practice |
|---|---|
| Record the affidavit of notice before inventory approval | Fairfax's Commissioner of Accounts will not approve the inventory until the affidavit of notice is recorded with the Probate Division. The Fairfax recording charge for an affidavit of notice is $18 effective July 1, 2026. |
| Send inventory and accounts to the commissioner | Inventories, accounts and statements in lieu go to the Commissioner of Accounts at 10400 Eaton Place, Suite 450, not to the courthouse counter. The commissioner accepts filings through its fiduciary portal, by mail or by drop off during office hours. |
| Use the commissioner's formatting rules | The commissioner's instructions call for original signatures, forms printed and signed with original signatures, filings without binders, staples or paperclips, supporting vouchers in the same order as the account, and individual listing of tangible personal property items at or above the commissioner's published itemization amount. |
| Track Fairfax-specific asset reporting | The commissioner's inventory instructions require date-of-death fair market values, separate listing of each financial account with institution, account type and last four digits, and reporting of certain jointly owned and payable-on-death bank accounts in Part 2. |
| Close with a zero final account or statement in lieu | A final account must show no assets on hand and include a bank statement showing a zero balance. If every distributee or residuary beneficiary is also the personal representative and the estate qualifies for a statement in lieu, Fairfax's commissioner charges $268 for the statement in lieu effective January 1, 2023. |
| Keep the commissioner current | Tell the Commissioner of Accounts if the personal representative's address changes. Fairfax publishes delinquency charges for late inventory and account follow-up, including $40 for a late inventory letter and $40 for a late account letter, each effective January 1, 2023. |
Forms and documents
Probate forms in Fairfax County
Fairfax County uses the statewide Virginia circuit court forms and adds local Fairfax intake forms. The Probate Division says you may complete the Fairfax information forms before the appointment, during the appointment or have the probate clerk prepare them at the appointment.
| Form or page | Use in Fairfax County |
|---|---|
| Probate Information Form, J150 | Fairfax local intake form for a decedent's estate. It asks for the decedent's residence, death information, will information, the applicant's information and whether the decedent was a Fairfax County or City of Fairfax resident. |
| Appointment of Resident Agent by Nonresident Fiduciary, J-130 | Fairfax local form for a nonresident fiduciary appointing a Virginia resident agent. The form references Va. Code §§ 64.2-1426 and 64.2-427. |
| Probate appointment checklist | Fairfax's one-page list of what to bring, including original will and codicils, certified death certificate, asset values, heir information, photo identification, payment and any Virginia resident needed for a nonresident applicant. |
| Fairfax probate forms page | Local hub for Fairfax probate forms, resident-agent forms and linked statewide CC forms. |
| Virginia circuit court forms | Statewide forms include CC-1611 List of Heirs, CC-1616 Notice Regarding Estate, CC-1617 Affidavit of Notice Regarding Estate, CC-1625 Certificate / Letter of Qualification, CC-1670 Inventory of Decedent's Estate, CC-1680 Account for Decedent's Estate, CC-1681 Statement in Lieu, CC-1685 Small Estate Affidavit, CC-1686 Notice to Creditors Regarding Estate and CC-1687 Affidavit of Notice to Creditors Regarding Estate. |
| Commissioner of Accounts estate forms | The commissioner's office provides copies of inventory, account and statement-in-lieu forms, plus local tax certificate, receipt, claim, claim dispute and notice-of-intent materials used after qualification. |
Fees
Fairfax County has a meaningful local fee layer because the clerk publishes a Fiduciary and Probate Fees schedule effective July 1, 2026, and the Commissioner of Accounts publishes a separate decedent-estate fee schedule effective January 1, 2023. The Probate Division calculates the clerk-side total at the appointment and does not quote it by phone.
| Cost item | Fairfax County amount and context |
|---|---|
| Probate tax | The Commonwealth probate tax is 10 cents per $100 of estate value, and estates of $15,000 or less pay no probate tax (Va. Code § 58.1-1712, unchanged since 2003). A Virginia county or city may add a local probate tax of one third of the state amount (Va. Code § 58.1-1718). Fairfax County's recordation-tax ordinance covers recorded instruments, and the clerk's current probate fee schedule shows the state probate tax and a $25 tax in lieu, effective July 1, 2026, but no separate local probate tax line. |
| Qualification fee | Fairfax's schedule effective July 1, 2026 shows the statutory qualification fee as $0, $20, $25 or $30, depending on estate value (Va. Code § 17.1-275(A)(3)). |
| Will, list of heirs or affidavit of notice recording | A will or codicil, list of heirs or affidavit of notice records for the flat recording charge of $18 for 10 or fewer pages effective July 1, 2026. The same schedule shows $32 for 11 to 30 pages and $52 for 31 or more pages effective July 1, 2026. Those Fairfax decedent-estate recordings do not carry a technology, law library or legal aid add-on in the document-type table. |
| Certificate of qualification | Fairfax's schedule effective July 1, 2026 says one certificate is issued free at the appointment and additional certificates are $2 each (Va. Code § 17.1-275(A)(9)). |
| List of heirs and real estate affidavit with no qualification | Fairfax's schedule effective July 1, 2026 lists $44 for a List of Heirs / Real Estate Affidavit where no personal representative qualifies. The schedule also lists $19 for recording a real estate affidavit where qualification happened elsewhere. |
| Card payments | Visa and MasterCard are accepted with a 4 percent processing charge on each credit card transaction. |
| Appeal or exception filed in the Probate Division | Fairfax's schedule effective July 1, 2026 lists no fee for an appeal of the clerk's probate order and no fee for an exception to a personal representative's accounting or a commissioner's report. |
| Commissioner item | Amount | Effective date |
|---|---|---|
| Inventory, first band | $153 for the $0 to $50,000 band | January 1, 2023 |
| First account, first band | $293 for the $0 to $50,000 band | January 1, 2023 |
| Statement in lieu | $268 | January 1, 2023 |
| Notice of intent to file statement in lieu | $250 | January 1, 2023 |
| Debts and demands hearing | $350 plus advertisement cost | January 1, 2023 |
Timeline
- Call for the required appointment. Use (703) 691-7320, press 3, 5, 1, or call the Probate Division at (703) 246-4153.
- Choose an available appointment slot. Fairfax publishes probate appointment times at 8:00 a.m., 9:00 a.m., 10:00 a.m., 11:00 a.m., noon and 2:30 p.m. Monday through Thursday, and 8:00 a.m. and 2:30 p.m. on Fridays.
- Plan for 45 to 60 minutes at the appointment, plus time to park and pass courthouse security.
- If you qualify, expect the certificate of qualification to be issued at the appointment, with one certificate included under Fairfax's schedule effective July 1, 2026.
- Calendar the inventory and account deadlines from the qualification date. The inventory is due to the Commissioner of Accounts within four months after the order conferring authority (Va. Code § 64.2-1300). The first account is due within 16 months after qualification and covers the first 12 months (Va. Code § 64.2-1304).
- If someone files an exception to an accounting, Fairfax forwards the exception, accounting or report and fiduciary file to the court for review 16 days after the document was received from the Commissioner of Accounts, unless the report has already been admitted to record.
Local nuance
Fairfax County-specific considerations
| Local point | Why it matters |
|---|---|
| The counter is shared with the City of Fairfax | Fairfax County and the City of Fairfax share the same Clerk of the Circuit Court in the Nineteenth Judicial Circuit, but the city is an independent city. A Fairfax County estate is opened at the shared Probate Division counter in the courthouse in the City of Fairfax. |
| Appointment only | Fairfax requires an appointment to probate an estate or qualify as fiduciary. Appointment times are limited, and the appointment is booked by phone. |
| The probate phone is separate | The Probate Division's direct line is (703) 246-4153. The general administration number is not the probate line. |
| Nonresident applicants need extra planning | Virginia allows a nonresident to qualify if statutory service-of-process and surety rules are handled (Va. Code § 64.2-1426). Fairfax's published instructions tell a nonresident prospective executor or administrator to bring a Virginia resident to the appointment to co-qualify or serve as resident agent, so call before booking travel. |
| The commissioner is a separate office | The Commissioner of Accounts for the Nineteenth Judicial Circuit is at 10400 Eaton Place, Suite 450. This office audits inventories and accounts during estate settlement and is not the Probate Division. |
| Estate files are not in the free case portal | Fairfax eCaseSearch covers civil and criminal cases and does not provide documents. Fiduciary documents are reached through the clerk's paid subscription network or at the clerk's office after they are recorded or approved. |
Recent updates
| Date | Local update |
|---|---|
| July 1, 2026 | Fairfax's Fiduciary and Probate Fees schedule took effect, including the clerk's probate tax table, recording charges, certificate charge and 4 percent credit card charge. |
| July 2026 | The Fairfax probate forms page links the new Virginia CC-1686 Notice to Creditors Regarding Estate and CC-1687 Affidavit of Notice to Creditors Regarding Estate for the optional creditor notice process that took effect July 1, 2026 (Va. Code § 64.2-508.1). |
| May 2026 | The clerk reissued the Administration of Estates booklet and the circuit court phone directory, including the Probate Division's direct line and the phone path for probate appointments. |
| January 1, 2023 | The Commissioner of Accounts' current decedent-estate fee schedule took effect. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Fairfax County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | If the home passed by survivorship and the remaining assets have beneficiary designations or payable-on-death instructions, the spouse may not need full qualification for those assets. If solely held accounts remain, the spouse books the Suite 401 appointment, brings the original will, certified death certificate, photo identification, heir information and date-of-death values, and receives the certificate of qualification if appointed. The affidavit of notice must be recorded before the Commissioner of Accounts approves the inventory. | Sunset helps identify solely held accounts before the appointment so the estate value, probate tax calculation and bond discussion are based on a complete asset list. |
| Out-of-state adult child with a small estate | If the Virginia small-estate affidavit route applies, the affidavit goes to the asset holder, not to the courthouse, and any will still needs to be presented for probate. The small-estate affidavit ceiling is $75,000 for the entire personal probate estate, effective July 1, 2025 (Va. Code §§ 64.2-600 through 64.2-601). If qualification is needed, Fairfax publishes an in-person appointment rule and tells a nonresident applicant to bring a Virginia resident to co-qualify or serve as resident agent. Call (703) 246-4153 before buying a ticket. | Sunset helps gather the account list, forms and appointment packet from out of state so one Fairfax trip is more likely to be enough. |
| Parent settling a predeceased child's estate with a home to sell | If the personal representative needs authority to sell the home, qualification is usually the practical path. Fairfax asks for date-of-death values, and the Commissioner of Accounts has specific inventory categories for real estate over which the personal representative has a power of sale, real estate without that power and non-Virginia real estate. If the child died intestate with only a house requiring the real-estate affidavit route, Fairfax lists a $44 List of Heirs / Real Estate Affidavit charge effective July 1, 2026. | Sunset helps organize the asset picture, document the real estate facts and connect the parent with a local probate attorney when a sale, title issue or family dispute needs counsel. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Fairfax Circuit Court Probate Division | Books probate appointments, publishes Fairfax's Administration of Estates booklet, appointment checklist, local forms and fiduciary fee schedule. Clerks cannot give legal advice or complete legal analysis for you. | Suite 401, 4110 Chain Bridge Road, Fairfax. (703) 246-4153. Appointments: (703) 691-7320, press 3, 5, 1. TTY 711. |
| Commissioner of Accounts for the Nineteenth Judicial Circuit | Receives and audits inventories, accounts and statements in lieu. Publishes Fairfax-specific filing instructions and fees. | 10400 Eaton Place, Suite 450, Fairfax. (703) 667-4900. Open 8:30 a.m. to 4:30 p.m., Monday through Friday, by appointment except filing drop offs. |
| Fairfax Courthouse Self-Help Resource Center | Provides courthouse information, forms and referrals. It does not provide legal advice. | Suite 115, first floor, 4110 Chain Bridge Road. (703) 246-2172. [email protected]. |
| Fairfax Public Law Library | Provides public access to statutes, case law, treatises, public computers, printing and wireless internet in the courthouse. | Suite 115, first floor, 4110 Chain Bridge Road. (703) 246-2170. TTY 711. |
| Virginia Judiciary commissioners of accounts directory | Statewide directory of commissioners of accounts and fee-schedule guidance, with a note to contact the local circuit court for the schedule in effect. | Online directory. |
| Virginia Judiciary circuit court forms | Statewide CC forms for probate, notice, inventories, accounts, statements in lieu, small-estate affidavit and optional creditor notice. | Online forms index. |
| Virginia Judicial System Court Self-Help website | State self-help information and probate forms. It does not give Fairfax appointment instructions. | Online self-help site. |
| Legal Services of Northern Virginia | General civil legal aid for eligible Northern Virginia residents. Its public practice areas do not list estate administration, so ask about eligibility and scope before relying on it for an estate issue. | Fairfax office, 10700 Page Avenue, Suite 100, Fairfax. 703.778.6800. |
| Fairfax Bar Association Lawyer Referral Service | The clerk's materials point readers to this referral service for questions about estate distribution or taxes. | (703) 246-3780. The clerk also lists the Virginia State Bar lawyer referral number, 1-800-552-7977. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify accounts, insurance, retirement assets and other property before the Fairfax appointment. That asset list helps you separate probate assets from nonprobate transfers and gives the clerk the values needed to calculate the probate tax and set bond.
Generate the probate packet. Sunset organizes the information needed for Fairfax's appointment-only process, including the local Probate Information Form, the will, death certificate, heirs, date-of-death values and the follow-up documents used in estate settlement.
Find a local probate attorney. When an estate needs a house sold, a nonresident fiduciary plan, a contested accounting, a creditor dispute or Civil Term Day help, Sunset can connect the family to a local probate attorney.
Sunset is free for families. Families can use Sunset to understand the steps, organize documents and decide when professional help is needed without paying Sunset for the estate settlement platform.
Frequently asked questions
Where do I file probate for a Fairfax County resident?
File with the Probate Division of the Fairfax Circuit Court clerk's office at 4110 Chain Bridge Road, Suite 401, Fairfax, VA 22030. The courthouse is in the City of Fairfax, but a Fairfax County resident's estate is still a Fairfax County matter under Virginia's venue rule (Va. Code § 64.2-443).
Do I need an appointment for probate in Fairfax County?
Yes. Fairfax requires appointments to probate an estate or qualify as a fiduciary. Call (703) 691-7320, press 3, 5, 1, or call the Probate Division at (703) 246-4153. Appointments are held in Suite 401 and usually take about 45 to 60 minutes.
Can I open a Fairfax County estate electronically?
No. Opening an estate in Fairfax County is an in-person appointment with the clerk's Probate Division. The court's optional electronic service for civil cases is separate and may matter only if a fiduciary or estate dispute becomes a civil case.
Can I appear remotely for a Fairfax County probate appointment?
Fairfax publishes in-person qualification appointments. Virginia circuit courts may allow telephone or video appearance in a civil proceeding at the court's discretion (Va. Code § 17.1-513.2), but qualifying before the clerk is not a civil hearing. If travel is impossible, call the Probate Division at (703) 246-4153 and ask what the office can do.
Can I view a Fairfax County estate file on the web?
There is no free public portal that shows a Fairfax County fiduciary file. Fairfax eCaseSearch covers civil and criminal case numbers and does not provide documents. Fiduciary documents are available through the clerk's paid subscription network or at the clerk's office after they are recorded or approved.
What local forms does Fairfax County require?
Fairfax publishes a local Probate Information Form, J150, for decedent estates and a local Appointment of Resident Agent by Nonresident Fiduciary, J-130, for nonresident fiduciaries. It also links the statewide Virginia CC forms, including notice, inventory, account, statement in lieu and creditor notice forms.
How much does probate cost in Fairfax County?
The Commonwealth probate tax is 10 cents per $100 of estate value, and estates of $15,000 or less pay no probate tax (Va. Code § 58.1-1712, unchanged since 2003). Fairfax's clerk-side schedule effective July 1, 2026 also lists qualification fees, recording charges, a $2 additional certificate charge and a 4 percent card charge. The Probate Division calculates the total at the appointment and does not quote it by phone.
Does the inventory go back to the Fairfax Probate Division?
No. The inventory and accounts go to the Commissioner of Accounts for the Nineteenth Judicial Circuit at 10400 Eaton Place, Suite 450, Fairfax. The affidavit of notice is recorded with the Probate Division, and Fairfax's commissioner will not approve the inventory until that affidavit is recorded.
What if the family disagrees with the clerk or the accounting?
Fairfax handles an appeal of a probate clerk's order and an exception to a personal representative's accounting at the Probate Division counter with no fee under the schedule effective July 1, 2026. The matter may then be set through Civil Term Day or otherwise sent to the court for review, depending on the issue.
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.