Back to Virginia
City of Franklin, VA Probate Information
Quick facts
| Item | Details |
|---|---|
| Court and clerk | Southampton Circuit Court, Clerk of the Circuit Court serving the City of Franklin and Southampton County |
| Courthouse address | 22350 Main Street, Courtland, VA 23837 |
| Mailing address | P.O. Box 190, Courtland, VA 23837 |
| Phone | (757) 653-2200 |
| Fax | (757) 653-2547 |
| Hours | Monday through Friday, 8:00 a.m. to 4:30 p.m. Probate is by appointment only. |
| Probate tax and charges | Virginia probate tax applies under Va. Code § 58.1-1712, with statutory qualification and recording charges. A city or county may add a local probate tax equal to one-third of the state tax under Va. Code §§ 58.1-1718 and 58.1-3805, so ask the clerk for the total when you schedule the appointment. |
| Local forms | The clerk's page does not publish a City of Franklin local probate packet or cover sheet. Use the statewide Virginia circuit court forms. |
| Filing method | Probate qualification is handled by appointment at the clerk's counter in Courtland. No local web filing path for qualification is published. |
| Case access | The clerk's page does not publish a free public probate case portal. Recorded wills and lists of heirs are handled through the clerk's records room. |
| Remote appearance | No local remote qualification practice is published. Virginia circuit courts may allow telephone or video participation in civil proceedings at the court's discretion under Va. Code § 17.1-513.2, but qualification before the clerk is normally an appointment at the counter. |
| Website | Southampton Circuit Court |
Before you begin — know the assets and liabilities
Before you call the Courtland clerk's office, make a working list of the decedent's accounts, debts, real estate, vehicles and beneficiary designations. That asset picture determines whether the family needs qualification, a small-asset route, a recorded list of heirs, or another estate settlement path.
Sunset can search across more than 2,300 financial institutions to help identify accounts and balances before you choose the next step. For a City of Franklin estate, that preparation is especially useful because the probate appointment is at the shared counter in Courtland and inventories and accounts later go to the commissioner of accounts, not back to the clerk.
Which court handles jurisdiction
The City of Franklin has one probate filing counter: the Clerk of the Circuit Court's office at the Southampton County Courthouse, 22350 Main Street in Courtland. A City of Franklin resident's estate is a City of Franklin matter, but the family travels to Courtland for the appointment.
The City of Franklin and Southampton County share one Clerk of the Circuit Court in the Fifth Judicial Circuit, which includes the Cities of Franklin and Suffolk and the Counties of Isle of Wight and Southampton (Va. Code § 17.1-506). Suffolk and Isle of Wight have their own clerks; this shared counter is only for the City of Franklin and Southampton County.
Virginia venue is based on the decedent's known place of residence: a will is offered for probate in the circuit court of the county or city where the decedent had that residence (Va. Code § 64.2-443). If the decedent lived in the City of Franklin, use the shared Courtland counter. Do not confuse this page with Franklin County, which is a different Virginia jurisdiction.
The jurisdiction process
- Call the Clerk of the Circuit Court at (757) 653-2200 before traveling. The court's published practice is probate by appointment only, and the counter is at 22350 Main Street in Courtland.
- Prepare the statewide Virginia circuit court forms that fit the estate. Common starting forms include CC-1650, Probate Information Form, CC-1611, List of Heirs, and CC-1651, Probate Tax Return, when the Virginia probate tax return is required under Va. Code § 58.1-1714.
- Bring the original will, if there is one, the death certificate, identification, names and addresses of heirs and beneficiaries, and payment for the Virginia probate tax under Va. Code § 58.1-1712, any local probate tax that may apply under Va. Code §§ 58.1-1718 and 58.1-3805, and statutory qualification and recording charges.
- At the appointment, the clerk can admit the will to probate and qualify the personal representative, which is Virginia's word for being appointed and sworn in, in the same manner and with like effect as the circuit court (Va. Code § 64.2-444).
- If you qualify, ask for certified copies of the certificate of qualification, CC-1625. This is the authority document banks and other institutions usually request under Va. Code § 64.2-506.
- Within 30 days after qualification or admission of the will, send the notice required by Va. Code § 64.2-508 to the people entitled to notice. Record the affidavit of notice with the clerk within four months as required by § 64.2-508(F).
- Work with the commissioner of accounts after qualification. James E. Rainey is listed as the commissioner of accounts for both the City of Franklin and Southampton County, with an office in the City of Franklin. The inventory and accounts go to the commissioner of accounts, not to the clerk's counter in Courtland.
- Return the inventory to the commissioner of accounts within four months after the order conferring authority, as required by Va. Code § 64.2-1300. File the first account with the commissioner of accounts within 16 months of qualification for the first 12-month period, as required by Va. Code § 64.2-1304.
- Use any creditor process that fits the estate. The optional creditor notice under Va. Code § 64.2-508.1 may be published by a personal representative, but it is not mandatory. Contested creditor issues may involve the commissioner of accounts and the circuit court process described in Va. Code §§ 64.2-550 and 64.2-556.
- Close the estate settlement through the commissioner of accounts when administration is complete. Depending on the estate, the final step may be a settled account or a statement in lieu under Va. Code § 64.2-1314.
Forms and documents
Probate forms in the City of Franklin
The City of Franklin clerk's page does not publish a separate local probate packet or cover sheet. Use the statewide Virginia circuit court forms and call the Courtland clerk's office to schedule the required appointment.
| Form | Use |
|---|---|
| CC-1650, Probate Information Form | Starting information for the clerk's probate appointment. |
| CC-1651, Probate Tax Return | Used when a probate tax return is required under Va. Code § 58.1-1714 and the Virginia probate tax applies under Va. Code § 58.1-1712. |
| CC-1611, List of Heirs | Filed at qualification or when a will is presented and nobody qualifies, under Va. Code § 64.2-509. |
| CC-1610, Consent of Nonresident Fiduciary for Service of Process | Used when a nonresident personal representative qualifies under Va. Code § 64.2-1426. |
| CC-1625, Certificate / Letter of Qualification | The certified authority document issued by the clerk under Va. Code § 64.2-506. |
| CC-1670, Inventory of Decedent's Estate | Returned to the commissioner of accounts under Va. Code § 64.2-1300. |
| CC-1680, Account for Decedent's Estate | Filed with the commissioner of accounts for estate accounting under Va. Code § 64.2-1304. |
| CC-1681, Statement in Lieu of Settlement of Account for Decedent's Estate | Used when the estate qualifies for the statement in lieu route under Va. Code § 64.2-1314. |
| CC-1685, Small Estate Affidavit | Presented to the asset holder, not filed with the clerk, when the statewide small-asset affidavit route applies under Va. Code §§ 64.2-600 and 64.2-601. The $75,000 ceiling is effective July 1, 2025. |
| CC-1686 and CC-1687 | Optional notice to creditors and affidavit of notice to creditors under Va. Code § 64.2-508.1. |
Local nuance
City of Franklin-specific considerations
| Local point | What it means |
|---|---|
| Shared clerk in Courtland | The City of Franklin is served at the Southampton County Courthouse, 22350 Main Street in Courtland. The city is not part of Southampton County, but both jurisdictions use the same clerk's counter. |
| Appointment required | The court's page states that probate is by appointment only. Call (757) 653-2200 before traveling. |
| Commissioner in Franklin | After qualification, James E. Rainey is listed as the commissioner of accounts for both the City of Franklin and Southampton County. His office is in the City of Franklin, separate from the clerk's counter in Courtland. |
| Local tax question | The Virginia probate tax is governed by Va. Code § 58.1-1712. A city or county may add a local probate tax equal to one-third of the state tax under Va. Code §§ 58.1-1718 and 58.1-3805, so ask the clerk for the appointment total. |
Recent updates
Scenarios
| Situation | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Call the Courtland clerk's office for a probate appointment if a will must be admitted or a personal representative must qualify. Bring the original will, death certificate, identification, asset list and information for heirs and beneficiaries. If the home passes outside administration, the clerk can still be the place where a list of heirs or other recorded documents are handled. | Sunset helps organize the home, account and debt picture before the appointment, so the spouse can choose the right estate settlement path and avoid unnecessary trips. |
| Out-of-state adult child with a small estate | No local remote qualification path is published. If qualification is needed, plan for an appointment at the Courtland counter. A nonresident personal representative can qualify, but must file the written consent to service of process, CC-1610, under Va. Code § 64.2-1426, and should expect the clerk to address any bond or surety issue under Va. Code § 64.2-1411. | Sunset helps determine whether the small-asset routes might avoid qualification, gathers account information, and can prepare the forms or connect the child with local counsel. |
| Parent settling a predeceased child's estate when a home must be sold | If the estate needs a personal representative with power to sell real estate, schedule qualification at the shared Courtland counter. After qualification, inventory and accounting work goes to the commissioner of accounts for the City of Franklin and Southampton County, whose office is in the City of Franklin. | Sunset helps identify assets and debts, generate the probate packet, and coordinate the estate settlement workflow with an attorney when a sale, creditors or title questions make counsel useful. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Clerk of the Circuit Court, City of Franklin and Southampton County | Shared probate counter for both jurisdictions. Probate is by appointment only. | 22350 Main Street, Courtland, VA 23837. Mailing: P.O. Box 190, Courtland, VA 23837. Phone (757) 653-2200. Fax (757) 653-2547. |
| Commissioners of Accounts directory | Statewide commissioner of accounts roster. It lists the commissioner for the City of Franklin and Southampton County, the office that receives inventories and accounts. | Use the Judiciary directory for the current office listing. |
| Virginia court forms index | Statewide circuit court forms for probate, qualification, notice, inventory and accounting. | Online forms index. |
| Virginia Judiciary self-help probate forms | Plain-language index of probate forms and instruction sheets. | Online self-help page. |
| Virginia Legal Aid Society, Suffolk office | General civil legal aid for low-income households in the Cities of Franklin, Suffolk and Emporia and nearby counties. Estate administration is not listed among its practice areas. | 2480 Pruden Blvd., Suffolk, VA 23434. Phone (757) 539-3441. |
When to hire an attorney
Consider working with a Virginia probate attorney if the will is disputed, a home must be sold, a nonresident fiduciary needs help with bond or surety, creditors are active, or the family is unsure whether qualification is necessary. For the City of Franklin, counsel can also help coordinate the Courtland appointment with later commissioner of accounts filings in the City of Franklin. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across financial institutions, organizes balances and helps families understand what is actually in the estate before the Courtland probate appointment.
Generate the probate packet. Sunset helps prepare the Virginia forms and local checklist for the City of Franklin path, including the forms commonly needed for qualification, notice, inventory and accounting.
Find a local probate attorney. When an estate has real estate, creditor issues, a nonresident fiduciary or a dispute, Sunset can connect the family with a vetted Virginia probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, prepare for the clerk appointment and keep track of next steps without paying Sunset a fee.
Frequently asked questions
Where do I file probate for a City of Franklin resident?
Use the Clerk of the Circuit Court's counter at the Southampton County Courthouse, 22350 Main Street in Courtland. The City of Franklin is an independent city, but it shares this clerk's office with Southampton County.
Do I go to Franklin or Courtland for the appointment?
Go to Courtland. The court's published address is 22350 Main Street, Courtland, VA 23837, and the court's page says probate is by appointment only. Call (757) 653-2200 before traveling.
Can I start a City of Franklin probate matter through a website?
No local web filing path for probate qualification is published for this clerk's office. Qualification is handled by appointment before the Clerk of the Circuit Court under Va. Code § 64.2-444.
Is there a public portal for City of Franklin probate files?
The clerk's page does not publish a free public probate case portal. Recorded wills and lists of heirs are handled through the clerk's records room at the courthouse.
Does the City of Franklin have its own probate forms?
The clerk's page does not publish a City of Franklin local probate packet or cover sheet. Use the statewide Virginia circuit court forms, including CC-1650, CC-1611, CC-1625, CC-1670 and CC-1680 as the estate requires.
What should I ask about costs when I schedule the appointment?
Ask the clerk for the appointment total. Virginia probate tax is governed by Va. Code § 58.1-1712, and statutory qualification and recording charges may also apply. A city or county may add a local probate tax equal to one-third of the state tax under Va. Code §§ 58.1-1718 and 58.1-3805.
Who handles the inventory and account after I qualify?
The commissioner of accounts handles those filings, not the clerk. James E. Rainey is listed as the commissioner of accounts for both the City of Franklin and Southampton County, with an office in the City of Franklin. The inventory is due under Va. Code § 64.2-1300, and the first account is due within 16 months under Va. Code § 64.2-1304.
Can an out-of-state child qualify for a City of Franklin estate?
Yes. A nonresident personal representative may qualify, but must file the written consent to service of process, CC-1610, under Va. Code § 64.2-1426. The clerk will also address bond or surety under Virginia law.
Do I have to travel if the estate is small?
Not always. Some statewide small-asset routes avoid qualification, including the small estate affidavit route for a personal probate estate within the $75,000 ceiling, effective July 1, 2025, under Va. Code §§ 64.2-600 and 64.2-601. If qualification is still needed, the published local practice is an appointment at the Courtland counter.
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.