Back to Virginia
Floyd County, VA Probate Information
Quick facts
| Item | Floyd County details |
|---|---|
| Court | Floyd Circuit Court, Twenty-seventh Judicial Circuit of Virginia. Probate and qualification are handled by the Clerk of the Circuit Court. |
| Courthouse address | 100 East Main Street, Room 200, Floyd, VA 24091 |
| Mailing address | Use the courthouse address. No separate mailing address is published by the clerk. |
| Phone | (540) 745-9330 |
| Fax | (540) 745-9303 |
| Hours | 8:00 a.m. to 4:30 p.m., Monday through Friday. Land-record recording stops 15 minutes before closing. |
| Probate tax and fees | State probate tax is 10 cents per $100 of value, and estates of $15,000 or less are exempt, both under Va. Code § 58.1-1712 and in effect since July 1, 2003. Floyd County also imposes the local probate tax equal to one-third of the state tax under Va. Code §§ 58.1-1718 and 58.1-3805. Qualification and recording fees are set by Va. Code § 17.1-275. |
| Local forms | Yes. Floyd County publishes an Estate Packet with a cover letter, Estate Worksheet, Probate Checklist and Heirs at Law form. |
| E-filing status | Floyd County participates in VJEFS for attorney civil filings. It is not a way for a self-represented family member to qualify for probate; qualification is handled by appointment with the clerk. |
| Case search | No free public internet portal shows Virginia estate files. Floyd County offers paid secure remote access for land-record images, including wills from January 1994 forward. |
| Remote appearance | The Floyd Estate Packet assumes an in-person appointment with original documents. Civil remote appearances are allowed only at court discretion under Va. Code § 17.1-513.2, and qualification before the clerk is not a hearing. |
| Website | Virginia Judiciary Floyd Circuit Court page and Floyd County government's Circuit Court page |
Before you begin — know the assets and liabilities
Before you call the Floyd clerk for an appointment, make a working list of the decedent's assets, debts, beneficiaries and heirs. Floyd's Estate Worksheet asks for real estate in Virginia, bank accounts, vehicles, retirement accounts, household items, business interests and any estate or trust interests, so the appointment goes better when you have those categories gathered first.
Sunset's estate settlement tools can help organize that information before the courthouse visit, including asset discovery across 2,300 institutions. That preparation is especially useful in Floyd County because the clerk asks for the death certificate, original will and heirs-at-law information before the appointment.
Which court handles jurisdiction
Floyd County estates are opened at the Floyd Circuit Court Clerk's Office, 100 East Main Street, Room 200, in Floyd. Floyd County has its own Clerk of the Circuit Court and its own courthouse, even though it sits in the Twenty-seventh Judicial Circuit with the Cities of Galax and Radford and the Counties of Bland, Carroll, Giles, Grayson, Montgomery, Pulaski and Wythe.
Virginia venue is based first on the county or city where the decedent had a known place of residence (Va. Code § 64.2-443). If a Floyd County resident died while temporarily in a hospital, nursing home or similar facility elsewhere, the clerk may still be the right starting point because Virginia presumes the prior legal residence continues for a nursing-home resident unless that presumption is rebutted.
The jurisdiction process
- Start with Floyd County's Estate Packet and the statewide fiduciary forms. The local packet asks for decedent information, applicant information, the will question, Virginia real estate, personal assets and heirs-at-law information.
- Call the Floyd Circuit Court Clerk's Office at (540) 745-9330 to schedule the probate appointment. Floyd's packet says to submit the death certificate, original will and codicils if any, and heirs-at-law information before the appointment.
- Bring the completed local packet, original documents and payment to Room 200 at 100 East Main Street in Floyd. Floyd accepts cash, check, credit cards and debit cards, with a 4% service fee for card transactions. The state probate tax is imposed under Va. Code § 58.1-1712, and Floyd imposes the local probate tax equal to one-third of the state tax under Va. Code §§ 58.1-1718 and 58.1-3805.
- At the appointment, the clerk admits the will to probate if there is one and qualifies the personal representative, which is Virginia's word for being appointed and sworn in (Va. Code § 64.2-444). A nonresident applicant should expect to bring a Virginia resident to serve as agent for service of process or to co-qualify, and bond or surety is addressed at qualification under Va. Code §§ 64.2-1426 and 64.2-1411.
- File the list of heirs with the clerk at qualification or when a will is presented and nobody qualifies (Va. Code § 64.2-509). Floyd's packet includes a Heirs at Law form to help gather the names, addresses, relationships and ages the clerk needs.
- Send the required notice of probate or qualification to the people entitled to notice within 30 days, then record the affidavit of notice with the clerk within four months (Va. Code § 64.2-508). The usual statewide forms are CC-1616, CC-1617 and CC-1618.
- Use the certificate of qualification, CC-1625, to collect estate assets, close accounts and deal with institutions. Virginia law gives a certificate of qualification the same effect as probate or letters of administration made out in due form (Va. Code § 64.2-506).
- Work with the commissioner of accounts assigned for Floyd County after qualification. The inventory goes to the commissioner of accounts within four months after the order giving authority (Va. Code § 64.2-1300), and the first account is due within 16 months under Va. Code § 64.2-1304.
- Use the creditor and closing path that fits the estate. Optional creditor notice is available under Va. Code § 64.2-508.1, and many estates close through a settled account or a statement in lieu when the statutory requirements are met. This is where estate settlement shifts from the clerk's appointment to the commissioner of accounts process.
Forms and documents
Probate forms in Floyd County
Floyd County has both local intake forms and the statewide Virginia fiduciary forms. The local Estate Packet is the first Floyd-specific document to review because the clerk uses it to gather the facts needed for the appointment.
| Form or packet | What it is used for |
|---|---|
| Floyd County Estate Packet | Local packet with the clerk's cover letter, Estate Worksheet, Probate Checklist and Heirs at Law form. It tells families to call for an appointment and to submit the death certificate, original will and heirs-at-law information before the appointment. |
| CC-1650 | Probate Information Form used statewide to collect appointment information. |
| CC-1651 | Probate Tax Return, used when the estate exceeds $15,000 under Va. Code § 58.1-1712, in effect since July 1, 2003. |
| CC-1610 | Consent of Nonresident Fiduciary for Service of Process, used when a nonresident fiduciary qualifies under Va. Code § 64.2-1426. |
| CC-1611 | List of Heirs, filed under Va. Code § 64.2-509. |
| CC-1625 | Certificate / Letter of Qualification, the document banks and other institutions usually ask to see. |
| CC-1670 | Inventory of Decedent's Estate, submitted to the commissioner of accounts under Va. Code § 64.2-1300. |
| CC-1680 | Account for Decedent's Estate, submitted to the commissioner of accounts. The first account is due within 16 months under Va. Code § 64.2-1304. |
| CC-1685 | Small Estate Affidavit for qualifying personal probate estates not exceeding $75,000 under Va. Code §§ 64.2-600 and 64.2-601, effective July 1, 2025. It is presented to the holder of the asset, not filed with the Floyd clerk. |
Fees
Floyd County is one of the Virginia localities where the local probate tax can be stated directly. The clerk's Probate Checklist says local tax is imposed and is one-third of the state tax. The state probate tax is 10 cents per $100 of value, and estates of $15,000 or less are exempt, under Va. Code § 58.1-1712 and in effect since July 1, 2003. The local probate tax is authorized by Va. Code §§ 58.1-1718 and 58.1-3805.
Floyd accepts cash, check, credit cards and debit cards for probate taxes and recording fees. Card payments carry a 4% service fee. Qualification and recording charges are separate statutory fees under Va. Code § 17.1-275, so ask the clerk for the total due when you schedule the appointment.
Recent updates
Scenarios
| Situation | Local path in Floyd County | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Call the Floyd clerk for an appointment and submit the death certificate, original will if there is one, and heirs-at-law information before the appointment. Virginia real estate can affect the probate tax under Va. Code § 58.1-1712, and Floyd imposes the local probate tax equal to one-third of the state tax under Va. Code §§ 58.1-1718 and 58.1-3805. | Sunset helps organize the home, accounts, debts and beneficiary information so the Estate Worksheet is not started from memory. |
| Out-of-state adult child with small estate | If a bank will accept the Small Estate Affidavit, the statewide limit is $75,000 under Va. Code §§ 64.2-600 and 64.2-601, effective July 1, 2025, and the affidavit is presented to the holder rather than filed in Floyd. If qualification is needed, Floyd's packet tells a nonresident applicant to bring a Virginia resident to serve as agent for service of process or to co-qualify, with bond addressed at the appointment. | Sunset helps identify whether assets are small, jointly owned, beneficiary-designated or likely to require qualification before you travel to Floyd. |
| Parent settling predeceased child's estate, home must be sold | Plan for a clerk appointment in Floyd and then ongoing supervision by a Floyd County commissioner of accounts. The inventory is due to the commissioner within four months under Va. Code § 64.2-1300, and the first account is due within 16 months under Va. Code § 64.2-1304. | Sunset helps build an asset list, generate the probate packet and connect the family with a local probate attorney when a sale, creditor issue or family conflict makes counsel important. |
Self-help resources
| Resource | How it helps |
|---|---|
| Floyd Circuit Court, Virginia Judiciary | Lists the clerk's address, phone, fax, hours, judges and term dates for Floyd Circuit Court. |
| Floyd County Circuit Court page | Gives the local clerk's office description, secure remote access information and the link to the Estate Packet. |
| Floyd County Circuit Court Estate Packet | Local probate packet with the Estate Worksheet, Probate Checklist and Heirs at Law form used for a Floyd County appointment. |
| Virginia Judiciary Circuit Court Fiduciary Forms | Statewide fiduciary forms, including CC-1650, CC-1611, CC-1625, CC-1670, CC-1680 and CC-1685. |
| Commissioners of Accounts directory, Virginia Judiciary | Searchable directory for the current Floyd County commissioner of accounts offices. Floyd has two commissioner offices in the town of Floyd. |
| Southwest Virginia Legal Aid Society | General civil legal aid for income-eligible residents in its service area, which includes Floyd County. Its listed problem areas do not specifically name estate administration. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank accounts, investment accounts, insurance, retirement assets, vehicles, real estate and debts before the Floyd appointment. That gives the Estate Worksheet a stronger starting point and keeps estate settlement from depending on guesswork.
Generate the probate packet. Sunset turns the information you gather into an organized probate packet, including the details needed for Virginia forms and the local Floyd County appointment process.
Find a local probate attorney. When a Floyd County estate involves a home sale, a nonresident fiduciary, creditor pressure or a family dispute, Sunset can help connect you with a local probate attorney.
Sunset is free for families. Families can use Sunset to organize the estate, understand the next courthouse step and move through estate settlement with a clearer plan.
Frequently asked questions
Where do I file to probate a will in Floyd County?
File at the Floyd Circuit Court Clerk's Office, 100 East Main Street, Room 200, Floyd, VA 24091. Virginia venue starts with 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 Floyd County?
Yes. Floyd County's Estate Packet says to call to schedule an appointment. It also says the death certificate, original will and codicils if any, and heirs-at-law information must be submitted before the appointment.
Does Floyd County have its own probate forms?
Yes. Floyd County publishes a local Estate Packet with a cover letter, Estate Worksheet, Probate Checklist and Heirs at Law form. You may also need statewide Virginia forms such as CC-1650, CC-1611, CC-1625, CC-1670 and CC-1680.
Does Floyd County charge a local probate tax?
Yes. The state probate tax is imposed under Va. Code § 58.1-1712, with the 10 cents per $100 rate and the $15,000-or-less exemption in effect since July 1, 2003. Floyd County also imposes the local probate tax equal to one-third of the state tax under Va. Code §§ 58.1-1718 and 58.1-3805.
Can I use VJEFS for a Floyd County probate appointment?
No. Floyd County participates in VJEFS for attorney civil filings, but VJEFS is not a way for a self-represented family member to qualify before the clerk. Floyd qualification is handled by appointment with the Clerk of the Circuit Court.
Can I check a Floyd County estate on the internet?
No free public portal shows Virginia estate files. Floyd County offers paid secure remote access for land-record images, and its local page states that wills from January 1994 forward are included in that system.
How do I pay probate taxes and fees in Floyd County?
Floyd accepts cash, check, credit cards and debit cards. The clerk's packet says card transactions carry a 4% service fee.
Where do I send the inventory and accounts after I qualify?
They go to the commissioner of accounts, not to the clerk. In Floyd County, the Judiciary directory lists two commissioner of accounts offices in the town of Floyd. The inventory is due within four months under 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.