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Fauquier County, VA Probate Information
Quick facts
| Item | Fauquier County details |
|---|---|
| Court and office | Fauquier County Circuit Court, Clerk of the Circuit Court |
| Where to go | 29 Ashby Street, Warrenton, VA 20186. Use the Ashby Street entrance for the clerk's office. The courtroom entrance faces Culpeper Street. |
| Mailing address | 29 Ashby Street, Warrenton, VA 20186 |
| Phone | (540) 422-8100. No separate probate direct line is published. |
| Fax | (540) 422-8112, listed by the Virginia Judiciary. This office does not accept official filings by fax. |
| Email for estate matters | [email protected] for pre-appointment estate paperwork and draft attorney forms, not as a final filing channel. |
| Hours | Clerk's office: 8:00 a.m. to 4:30 p.m., Monday through Friday. Published probate drop-off window: 8:00 a.m. to 4:00 p.m., Monday through Friday. Record Room: 8:30 a.m. to 4:00 p.m. |
| Appointment practice | In-person appointment only. The office schedules after it reviews the will, certified death certificate and Request for Probate form. |
| Taxes and clerk charges | The Commonwealth probate tax is 10 cents per $100 of estate value, and estates of $15,000 or less are exempt under Va. Code § 58.1-1712, a probate tax provision last amended in 2003. Fauquier County adds a local probate tax equal to one third of the state amount under Va. Code § 58.1-1718 and Fauquier County Code § 8-20. The clerk estimates the total before the appointment. |
| Local forms | Yes. Fauquier County publishes its own Request for Probate form. Attorneys and estate advisers may use statewide CC-1650, CC-1651 and CC-1611 in draft before the appointment. |
| Electronic filing status | Opening an estate is not handled through an online filing system. Attorney electronic filing exists for listed civil case types only and is not open to self-represented filers. |
| Estate file access | No free public website shows a Fauquier County estate file. Recorded wills are obtained through the Record Room, by written mail request, or through the clerk-approved paid land records subscription for covered will book indexes and images. |
| Remote appearance | Qualification is published as in-person appointment only. Virginia circuit courts may allow telephone or video appearance in a civil proceeding at the court's discretion, but qualification before the clerk is not that type of hearing (Va. Code § 17.1-513.2). |
| Website | https://www.fauquiercounty.gov/government/departments-a-g/circuit-court-clerk/wills-and-estates |
Before you begin — know the assets and liabilities
Before you begin estate settlement in Fauquier County, make a working list of the decedent's assets, debts, beneficiary designations and jointly owned property. The clerk's Request for Probate form asks for a reasonable estimate of Virginia real estate and personal property, and the office warns that a low estimate can require a return trip to pay additional probate tax or increase the bond.
Sunset's 2,300-institution asset discovery helps families find accounts before they complete the local form, decide whether qualification is needed, and avoid missing property that will later have to be added to the inventory. That asset picture also helps the clerk estimate the taxes and charges before the in-person appointment.
Which court handles jurisdiction
Fauquier County estates are opened at the Clerk of the Circuit Court's office at 29 Ashby Street in Warrenton. The Ashby Street entrance is the clerk's office entrance; the 40 Culpeper Street entrance serves the circuit courtroom on the same courthouse square.
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). The clerk's own probate information is framed the same way: the office handles estates for deceased individuals who resided in Fauquier County. Fauquier County is in the Twentieth Judicial Circuit (Va. Code § 17.1-506), and it has its own Clerk of the Circuit Court.
The jurisdiction process
- Complete Fauquier County's Request for Probate form from the Clerk of the Circuit Court's Wills and Estates pages. If an attorney or estate adviser is helping, the office allows draft CC-1650, CC-1651 and CC-1611 instead, unsigned until the appointment.
- Gather the original will, if there is one, a certified death certificate and the completed local form. The clerk will not accept a copy of the will for probate.
- Bring or send those materials to the clerk's office at 29 Ashby Street in Warrenton. The published probate drop-off window is 8:00 a.m. to 4:00 p.m., Monday through Friday.
- If the will is not self-proving, or if it is handwritten, arrange the witness statement or the statewide deposition form the clerk's page links before the appointment.
- Wait for the office to review the papers. The clerk tells you whether the will is properly executed for probate and whether a secured bond is required before the appointment is scheduled.
- If surety is required, arrange the bond before the appointment. The clerk's bond page states that the surety's agent must appear at the appointment to sign the bond.
- Attend the in-person appointment at the Ashby Street entrance when the probate clerk schedules it. The sheriff's office screens visitors at that entrance, so bring only what you need for courthouse business.
- Pay the taxes and charges the office estimated: the state probate tax under Va. Code § 58.1-1712, Fauquier County's local probate tax under Va. Code § 58.1-1718 and Fauquier County Code § 8-20, and the clerk's recording and qualification charges that apply to your documents.
- Receive the certificate of qualification, the authority document banks and other institutions use to recognize the personal representative (Va. Code § 64.2-506; CC-1625). The clerk also hands over inventory, account and commissioner of accounts instructions.
- After qualification, send the inventory and later accounts to the commissioner of accounts' private office in Warrenton, not to the courthouse counter. The inventory is due to the commissioner within four months after the order conferring authority (Va. Code § 64.2-1300), and the first account is due within 16 months under Va. Code § 64.2-1304.
- Handle notice to heirs and beneficiaries, creditor issues and closing through the statewide Virginia steps. The optional creditor notice process is optional, not automatic, and the commissioner's office identifies local newspapers typically used when a notice needs publication.
Executor duties
Fauquier County adds a practical layer because the clerk publishes the commissioner of accounts' own fiduciary instructions, checklists and fee materials. The affidavit proving notice to heirs and beneficiaries is recorded with the clerk, but the inventory and accounts go to the commissioner of accounts' private office in Warrenton.
| Local duty | What to do in Fauquier County |
|---|---|
| Use the commissioner's office after qualification | Inventories and accounts are submitted to the commissioner of accounts in duplicate, signed by every fiduciary, typed or legibly printed in black ink. |
| Send supporting papers with accounts | Accounts should include receipts, vouchers, bank statements and brokerage statements. Brokerage statements do not replace the account itself, and each asset inside a brokerage account is accounted for separately. |
| Pay commissioner and clerk charges through the commissioner when instructed | The commissioner's instructions say checks for clerk recording charges on inventories and accounts should be payable to the commissioner of accounts and sent to that office. In most estates, the clerk collects the first inventory recording charge at qualification. |
| Keep bond current | The commissioner reviews whether bond and surety remain sufficient when an inventory or account is filed, and a fiduciary may ask for a bond reduction after assets on hand support it. |
| Ask before paying fiduciary compensation | The commissioner's instructions tell a fiduciary to request approval in writing before paying compensation. The commissioner decides what is reasonable under Va. Code § 64.2-1208. |
| Check final charges before final distribution | Before distributing on a final account, contact the commissioner's office for the final clerk and commissioner charges so the estate settlement does not leave an unpaid administration expense. |
| Publication papers | When publication is needed and reviewed by the commissioner, the office identifies The Fauquier Times, The Culpeper Star-Exponent and The Washington Post as papers typically used in Fauquier County. |
Forms and documents
Probate forms in Fauquier County
Fauquier County has one local probate form that matters: the Clerk of the Circuit Court's Request for Probate. Completing that form, and sending it with the original will and certified death certificate, is how the local process starts before the office schedules an appointment.
| Form or paperwork | How it is used locally |
|---|---|
| Request for Probate | Fauquier County's local form asks for the decedent's information, the person requesting appointment, any assisting attorney, estimated Virginia real estate, estimated personal property and the heirs' names and addresses. |
| CC-1650, Probate Information Form | Used by attorneys and estate advisers in draft in place of the local Request for Probate before the appointment. |
| CC-1651, Probate Tax Return | Used by attorneys and estate advisers in draft before the appointment when applicable under Va. Code § 58.1-1714. |
| CC-1611, List of Heirs | Used by attorneys and estate advisers in draft before the appointment, and required statewide at qualification or when a will is presented without qualification (Va. Code § 64.2-509). |
| Will-proving forms | The clerk links statewide deposition forms for a will without a self-proving clause and for a handwritten will. |
| Commissioner of accounts paperwork | The clerk publishes the commissioner's Information for Fiduciaries, Top Rules for Fiduciaries, inventory and account checklists, account tips and creditor claim form. |
The clerk's local handout also advises families to check the Virginia Department of the Treasury's Division of Unclaimed Property for property in the decedent's name. That fits naturally with Sunset's account and asset search before estate settlement decisions are made.
Fees
Fauquier County imposes a local probate tax. The Commonwealth probate tax is 10 cents per $100 of estate value, and estates of $15,000 or less are exempt under Va. Code § 58.1-1712, a probate tax provision last amended in 2003. Fauquier County Code § 8-20 adds a county tax equal to one third of the state probate tax under Va. Code § 58.1-1718, and the Clerk of the Circuit Court collects both at the time of probate or grant of administration.
The clerk's Probate Fees page also lists charges for documents such as a list of heirs, heirs affidavit, disclaimer, renunciation of will and other fiduciary filings. The office states that probate costs depend on the documents recorded and the estate value, and that the clerk estimates the costs before you appear for the appointment. Payment methods for probate taxes and charges are not published, so ask how to pay when the office gives the estimate.
Local nuance
Fauquier County-specific considerations
| Local point | Why it matters |
|---|---|
| Paperwork first, appointment second | The office reviews the will, certified death certificate and Request for Probate form before it schedules the in-person appointment. |
| In-person qualification | The clerk publishes probate as in-person appointment only. Raise travel issues with the office when it calls to schedule. |
| Ashby Street entrance | The clerk's office entrance faces Ashby Street. The Culpeper Street entrance is for the courtroom. |
| Local probate tax | Fauquier County adds a county probate tax equal to one third of the state probate tax under Va. Code § 58.1-1718 and Fauquier County Code § 8-20. |
| Value estimate affects tax and bond | The clerk accepts a reasonable estimate and assessed value for real estate, but an inaccurate estimate can require another visit to pay additional tax or increase bond. |
| Estate mailbox has a narrow role | [email protected] is for pre-appointment estate materials and draft attorney forms. Since January 1, 2024, official court filings are not accepted by email, email attachment, email link or fax. |
| Surety agent may need to attend | If surety is required, the clerk's bond page states that the surety's agent must appear at the appointment to sign the bond. |
| Commissioner office is separate | After qualification, inventories and accounts go to the commissioner of accounts' private office in Warrenton, and an assistant commissioner also serves the court. |
| Recorded wills are handled through the Record Room | Copies may be requested in person or by written mail request. The clerk's paid land records subscription includes covered will book indexes and images, but it is not a free public estate file website. |
Recent updates
| Date | Local update |
|---|---|
| January 1, 2024 | The Clerk of the Circuit Court's office stopped accepting official court filings by email, email attachment, email link or facsimile. The probate mailbox remains useful for pre-appointment estate paperwork and draft attorney forms, but final filings are handled through the appointment, paper delivery or mail as the office directs. |
Scenarios
| Persona | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Use the Request for Probate form to separate property held with survivorship from assets held solely in the decedent's name. Bring or send the local form, original will and certified death certificate to 29 Ashby Street, then wait for the office to review the papers and schedule the in-person appointment. After qualification, inventories and accounts go to the commissioner of accounts in Warrenton. | Sunset helps identify accounts, beneficiary designations and jointly held property before the form is submitted, so the spouse does not overstate or miss assets. |
| Out-of-state adult child with small estate | Because Fauquier publishes qualification as in-person appointment only, check first whether a statewide small-asset route avoids qualification. If qualification is needed, expect to sign the nonresident fiduciary consent to service of process, and expect surety unless a Virginia resident fiduciary qualifies with you or the clerk waives surety (Va. Code §§ 64.2-1426, 64.2-1411). This clerk's bond page says the surety's agent must attend the appointment when surety is required. | Sunset helps determine whether accounts can be collected without qualification, prepares the local packet if qualification is needed and coordinates attorney help for the nonresident bond and travel plan. |
| Parent settling predeceased child's estate, home must be sold | The clerk's form asks separately for Virginia real estate and allows assessed value if actual value is not known. A low estimate can require another trip to pay additional probate tax or increase the bond. If there is no will, surety is often required, and the surety's agent must attend. If a personal representative has power to sell the home, the commissioner's inventory fee calculation treats that real estate as under fiduciary control. | Sunset helps find accounts, organize the home and debt picture, generate the local probate materials and connect the parent with counsel for sale authority, bond and commissioner filings. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Fauquier County Circuit Court Clerk, Wills and Estates pages | Local probate instructions, Request for Probate form, qualification steps, bond information, probate charges and commissioner of accounts materials. The office can assist with procedure but cannot give legal or accounting advice. | 29 Ashby Street, Warrenton, VA 20186. (540) 422-8100. [email protected]. https://www.fauquiercounty.gov/government/departments-a-g/circuit-court-clerk/wills-and-estates |
| Commissioner of accounts materials published by the clerk | Information for Fiduciaries, Top Rules for Fiduciaries, inventory and account submission checklists, account tips, creditor claim form and the court order setting commissioner compensation. | https://www.fauquiercounty.gov/government/departments-a-g/circuit-court-clerk/wills-and-estates/commissioner-of-accounts |
| Fauquier Circuit Court page, Virginia Judiciary | Clerk's office hours, record room hours, phone, fax, street address, estate mailbox, terms of court and court information. | https://www.vacourts.gov/courts/circuit/fauquier/home |
| Commissioners of Accounts directory, Supreme Court of Virginia | Statewide roster of commissioners of accounts searchable by jurisdiction, plus statewide fee-schedule guidance. | https://www.vacourts.gov/courts/circuit/resources/coa/home |
| Virginia Judiciary circuit court forms index | Statewide CC forms used in Virginia estates, including probate information, probate tax return, list of heirs, notice, inventory, account, statement in lieu, small estate affidavit and optional creditor notice forms. | https://www.vacourts.gov/forms/home |
| Virginia Judicial System court self-help website | Plain-language court self-help and statewide probate forms. It does not provide Fauquier County appointment instructions. | https://selfhelp.vacourts.gov/ |
| Legal Aid Works, Culpeper office | General civil legal aid for eligible low-income residents of Fauquier County and nearby counties. Its listed civil categories do not include decedent estate administration. | 1200 Sunset Lane, Suite 2122, Culpeper, VA 22701. 540-825-3131. https://www.legalaidworks.org/culpeper/ |
| Virginia State Bar lawyer referral service | The clerk's FAQ points readers with legal questions to lawyer referral, and the probate handout suggests contacting an attorney, financial adviser or accountant for estate distribution questions. | 1-800-552-7977 |
| Fauquier County Circuit Court Record Room | Copies of recorded wills can be requested in person or by written mail request naming the decedent and date of death. Staff cannot do title searches or family research. | 29 Ashby Street, Warrenton, VA 20186. [email protected]. https://www.fauquiercounty.gov/government/departments-a-g/circuit-court-clerk/records-room |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across 2,300 institutions to help families identify bank, investment, retirement, insurance and other assets before they complete Fauquier County's Request for Probate form. That asset list helps determine whether qualification is needed and gives the clerk a better value estimate.
Generate the probate packet. Sunset organizes the information needed for the local Request for Probate, the statewide CC forms, heir lists and follow-up commissioner paperwork. Families get a cleaner packet for the clerk's review before the in-person appointment.
Find a local probate attorney. When a bond, nonresident fiduciary issue, real estate sale, creditor dispute or account problem calls for legal help, Sunset can connect the family with a vetted Virginia probate attorney familiar with estate settlement in local circuit court clerk offices.
Sunset is free for families. Families can use Sunset to find assets, organize the work, understand the next step and decide whether they need attorney help without paying Sunset a fee.
Frequently asked questions
Where do I file probate for a Fauquier County resident?
Start with the Clerk of the Circuit Court at 29 Ashby Street in Warrenton. Use the Ashby Street entrance, not the Culpeper Street courtroom entrance. 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 for probate in Fauquier County?
Yes. Probate is by in-person appointment only, but the appointment is not the first step. The office asks you to drop off or send the original will, certified death certificate and completed Request for Probate form first. After review, the probate clerk contacts you with the next step and schedules the appointment.
What do I bring or send before the appointment?
The local starting packet is the original will, if there is one, a certified death certificate and the Fauquier County Request for Probate form. The form asks for the decedent's information, the person requesting appointment, estimated Virginia real estate, estimated personal property and the heirs' names and addresses.
What does it cost to open an estate in Fauquier County?
The total depends on the estate value and the documents recorded. 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, last amended in 2003. Fauquier County adds a local probate tax equal to one third of the state amount under Va. Code § 58.1-1718 and Fauquier County Code § 8-20. The clerk estimates the taxes and charges before you appear.
Does Fauquier County have its own probate form?
Yes. The local Request for Probate form is the normal starting form for a family filing without an attorney. Attorneys and estate advisers may submit draft statewide CC-1650, CC-1651 and CC-1611 with a copy of the will and death certificate before the appointment, with signatures held until the appointment.
Can I open a Fauquier County estate by email or fax?
No final court filing is accepted by email, email attachment, email link or fax under the office rule effective January 1, 2024. The estate mailbox, [email protected], is used for pre-appointment materials and draft attorney forms, but qualification happens through the clerk's in-person appointment process.
Can I qualify by phone or video if I live outside Virginia?
Fauquier County publishes probate as in-person appointment only. Virginia circuit courts may allow telephone or video appearance in a civil proceeding at the court's discretion, but qualification before the clerk is not that type of hearing (Va. Code § 17.1-513.2). If travel is difficult, raise it when the office contacts you and also check whether a statewide route without qualification applies.
Will I need a surety bond in Fauquier County?
The clerk decides after reviewing the paperwork whether secured bond is required. The clerk's bond page says surety is required when a nonresident acts as personal representative and often where there is no will, and that the surety's agent must appear at the appointment to sign the bond. A nonresident fiduciary also files a written consent to service of process at qualification (Va. Code §§ 64.2-1426, 64.2-1411; CC-1610).
Can I see a Fauquier County estate file on the web?
No free public website shows a Fauquier County estate file. Recorded wills are handled through the clerk's Record Room. You can request a copy in person or by written mail request with the decedent's full name and date of death. The clerk's paid land records subscription includes covered will book indexes and images for approved subscribers.
Where do the inventory and accounts go after I qualify?
They go to the commissioner of accounts' private office in Warrenton, not back to the courthouse counter. The inventory is due within four months after the order conferring authority (Va. Code § 64.2-1300), and the first account is due within 16 months under Va. Code § 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.