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Franklin County, VA Probate Information
Quick facts
| Item | Franklin County information |
|---|---|
| Court and clerk | Franklin Circuit Court, Twenty-second Judicial Circuit. Probate is handled by the Clerk of the Circuit Court. |
| Courthouse address | 275 South Main Street, Suite 212, Rocky Mount, VA 24151. |
| Mailing address | P.O. Box 567, Rocky Mount, VA 24151. |
| Phone | (540) 483-3065. No separate published probate line was found for Franklin County. |
| Fax | (540) 483-3042. |
| Hours | 8:30 a.m. to 4:30 p.m., Monday through Friday. Call before going if you need a probate appointment or have a long filing. |
| Probate tax and qualification fee | 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, effective July 1, 2003. A county may add a local probate tax equal to one-third of the state tax under Va. Code § 58.1-1718, so confirm the total with the clerk when you call. The qualification fee is set statewide by Va. Code § 17.1-275(A)(3), effective July 1, 2022. |
| Local forms | No Franklin County-specific probate packet, checklist or cover sheet is published. Use the statewide Virginia circuit court fiduciary forms. |
| E-filing status | Franklin County is not listed as a Virginia Judiciary eFiling System participating circuit. VJEFS is for Virginia State Bar members and staff and does not replace probate qualification before the clerk. |
| Case access | No free public web portal shows Franklin County estate files. OCIS does not include probate or fiduciary records. Recorded wills and estate records are handled through the clerk's office in Rocky Mount. |
| Remote appearance | No current Franklin County remote qualification practice is published. Qualifying before the clerk is normally handled by appointment or counter process with the clerk's office. |
| Website | Virginia Judiciary Franklin Circuit Court page and the Franklin County government Clerk of the Circuit Court page. |
Before you begin — know the assets and liabilities
Before calling the Franklin County clerk, make a working list of the decedent's probate assets, debts, real estate, known heirs and any will. The clerk's probate questions depend on what must pass through the estate, who is asking to qualify and whether a will needs to be admitted.
Sunset's estate settlement process starts with asset discovery across more than 2,300 institutions, so you can approach the Rocky Mount appointment with a clearer picture of accounts, balances and paperwork needs.
Which court handles jurisdiction
Franklin County probate matters are handled at the Franklin County Courthouse in Rocky Mount by the Clerk of the Circuit Court. A will is offered for probate in the circuit court of the county or city where the decedent had a known place of residence, and a nursing home move does not automatically change that residence rule (Va. Code § 64.2-443).
For a Franklin County resident, use the Franklin County clerk's counter at 275 South Main Street, Suite 212. Do not confuse this page with the City of Franklin, a separate independent city in a different judicial circuit with a different clerk's office location.
The jurisdiction process
- Gather the will, death certificate, names and addresses of heirs and beneficiaries, estimated asset values, debts and any real estate information before contacting the clerk.
- Call the Franklin County Clerk of the Circuit Court at (540) 483-3065 to ask what the office wants you to bring, whether an appointment is needed and how to confirm the current probate tax total before you go.
- Bring the statewide Virginia forms the clerk needs for the appointment, commonly including the Probate Information Form, List of Heirs and any nonresident fiduciary consent if you live outside Virginia.
- At the Rocky Mount clerk's counter, the clerk or deputy clerk admits the will 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).
- Pay the Commonwealth probate tax, any applicable local probate tax under Va. Code § 58.1-1718 if the clerk says it applies, and the statewide qualification and recording charges set by statute.
- After qualification or admission of the will, send the required notice of probate to the people entitled to notice within 30 days, then record the notice affidavit with the clerk within four months (Va. Code § 64.2-508).
- Use the certificate of qualification, CC-1625, as the authority document for banks, transfer agents and other institutions (Va. Code § 64.2-506).
- Return the inventory and accounts to the Franklin County commissioner of accounts, not to the clerk. 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 of qualification (Va. Code § 64.2-1304).
- Finish estate settlement by paying valid expenses and claims, distributing property, and completing the commissioner of accounts process for the final account or any permitted statement in lieu.
Forms and documents
Probate forms in Franklin County
Franklin County does not publish a county-specific probate packet, checklist or cover sheet. The clerk uses Virginia's statewide circuit court fiduciary forms, and the clerk can tell you which forms apply to your appointment.
| Form | Use in Franklin County |
|---|---|
| CC-1650, Probate Information Form | Information the clerk collects for a probate or qualification appointment. |
| CC-1651, Probate Tax Return | Used when the estate is subject to the Commonwealth probate tax under Va. Code § 58.1-1712. |
| CC-1611, List of Heirs | Filed at qualification or when a will is presented and nobody qualifies (Va. Code § 64.2-509). |
| CC-1610, Consent of Nonresident Fiduciary for Service of Process | Used when an out-of-state fiduciary qualifies (Va. Code § 64.2-1426). |
| CC-1625, Certificate / Letter of Qualification | The authority document issued by the clerk after qualification (Va. Code § 64.2-506). |
| CC-1670, Inventory of Decedent's Estate | Returned to the commissioner of accounts after qualification (Va. Code § 64.2-1300). |
| CC-1680, Account for Decedent's Estate | Used for the personal representative's account, with the first account due within 16 months of qualification (Va. Code § 64.2-1304). |
| CC-1681, Statement in Lieu of Settlement of Account | Used only when statewide requirements for a statement in lieu are met. |
| CC-1685, Small Estate Affidavit | Used under the Virginia Small Estate Act for qualifying personal probate estates of $75,000 or less, effective July 1, 2025 (Va. Code §§ 64.2-600 and 64.2-601). It is presented to the holder of the asset, not filed at the clerk's office. |
| CC-1686 and CC-1687 | Statewide optional creditor notice forms under Va. Code § 64.2-508.1. |
Local nuance
Franklin County-specific considerations
| Local point | Why it matters |
|---|---|
| Franklin County is not the City of Franklin | Franklin County probate is handled in Rocky Mount in the Twenty-second Judicial Circuit. The City of Franklin is a separate independent city in the Fifth Judicial Circuit, with a different clerk arrangement. |
| The commissioner of accounts office is also in Rocky Mount | The Franklin County commissioner of accounts roster entry lists the office at 115 East Court Street, Rocky Mount, VA 24151, phone (540) 483-8696. That is where inventory and account supervision occurs after qualification. |
| No county probate packet is published | Plan around the Virginia statewide forms and a call to the clerk, rather than looking for a Franklin County cover sheet. |
Recent updates
Scenarios
| Scenario | Likely Franklin County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Call the Franklin County clerk at (540) 483-3065 before going to Suite 212 in Rocky Mount. Ask what the clerk needs for the will, list of heirs, probate tax calculation under Va. Code § 58.1-1712 and any local probate tax question under Va. Code § 58.1-1718. | Sunset helps identify accounts, real estate details and documents so the spouse can decide whether full qualification is needed for estate settlement. |
| Out-of-state adult child with small estate | Franklin County has no local probate packet. If the estate fits the statewide small-estate affidavit route, CC-1685 may be used for a personal probate estate of $75,000 or less, effective July 1, 2025 (Va. Code §§ 64.2-600 and 64.2-601). If qualification is needed, the child signs CC-1610 and should ask about bond and surety. | Sunset helps organize the asset list, generate the right packet and identify when a local attorney would make the clerk appointment smoother. |
| Parent settling predeceased child's estate, home must be sold | If a sale requires a qualified personal representative, start at the Franklin County clerk's counter in Rocky Mount. After qualification, the Franklin County commissioner of accounts office in Rocky Mount supervises the inventory and accounts. | Sunset supports estate settlement by finding accounts, preparing forms and connecting the parent with a local probate attorney when a home sale or title issue needs counsel. |
Self-help resources
| Resource | How it helps |
|---|---|
| Franklin Circuit Court, Virginia Judiciary | Provides the Franklin County clerk's courthouse address, mailing address, phone, fax, hours and court information. |
| Clerk of the Circuit Court, Franklin County government | Describes the clerk's local duties, including probating wills and appointing administrators, trustees and guardians. |
| Virginia circuit court fiduciary forms | Provides the statewide probate and fiduciary forms used in Franklin County. |
| Virginia Judiciary commissioners of accounts directory | Shows the Franklin County commissioner of accounts office in Rocky Mount and explains the commissioner system. |
| Blue Ridge Legal Services, Roanoke office | Provides general civil legal aid for eligible low-income residents in Franklin County. Ask the office whether it can assist with an estate issue before relying on it for probate help. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help families identify accounts, insurance, investments and other assets before the Franklin County clerk appointment.
Generate the probate packet. Sunset turns the information you provide into the Virginia probate forms and checklists needed for estate settlement, tailored to the Franklin County clerk's counter in Rocky Mount.
Find a local probate attorney. When the estate involves a home sale, a dispute, creditor pressure or a nonresident fiduciary issue, Sunset can connect the family with a vetted Virginia probate attorney.
Sunset is free for families. Families can use Sunset to organize the estate, understand next steps and decide whether professional help is needed without paying Sunset for the core service.
Frequently asked questions
Where do I file to probate a will in Franklin County, Virginia?
Use the Clerk of the Circuit Court at the Franklin County Courthouse, 275 South Main Street, Suite 212, Rocky Mount, VA 24151. The mailing address is P.O. Box 567, Rocky Mount, VA 24151.
Is Franklin County the same as the City of Franklin?
No. Franklin County is handled in Rocky Mount in the Twenty-second Judicial Circuit. The City of Franklin is a separate independent city in a different judicial circuit and is not the jurisdiction covered by this page.
Do I have to appear before a judge to open a Franklin County estate?
No routine judge appointment is used to open an estate in Virginia. The clerk or deputy clerk admits the will and qualifies the personal representative at the clerk's office (Va. Code § 64.2-444). A judge gets involved only if there is a dispute or an appeal from the clerk's order.
Does Franklin County have its own probate forms?
No Franklin County-specific probate packet, checklist or cover sheet is published. Use the statewide Virginia circuit court fiduciary forms and call the clerk at (540) 483-3065 to ask what the office wants for your appointment.
Can I start probate electronically in Franklin County?
No online qualification process is published for Franklin County. Franklin County is not listed as a Virginia Judiciary eFiling System participating circuit, and VJEFS is for Virginia State Bar members and their staff rather than self-represented families.
Can I check a Franklin County estate file on the web?
No free public web portal shows Franklin County probate and fiduciary files. OCIS does not include probate or fiduciary records. Contact the clerk's office in Rocky Mount about viewing recorded wills and estate records.
What will it cost to probate a will in Franklin County?
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, effective July 1, 2003. A county may add a local probate tax equal to one-third of the state tax under Va. Code § 58.1-1718, so ask the Franklin County clerk to confirm the total when you call. The qualification fee is set by Va. Code § 17.1-275(A)(3), effective July 1, 2022.
Where do I send the inventory and accounts in Franklin County?
After qualification, the inventory and accounts go to the commissioner of accounts, not to the clerk. The Franklin County commissioner of accounts office is listed at 115 East Court Street, Rocky Mount, VA 24151, phone (540) 483-8696. 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 of qualification (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.