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Frederick County, VA Probate Information
Quick facts
| Item | Frederick County information |
|---|---|
| Court | Frederick County Circuit Court, Clerk of the Circuit Court, probate division |
| Courthouse address | 5 North Kent Street, Winchester, VA 22601 |
| Mailing | Use the same address, care of the Clerk of the Circuit Court probate division |
| Phone | (540) 667-5770. This main number also reaches the City of Winchester's separate clerk, so ask for the Frederick County Circuit Court if the decedent lived in Frederick County. |
| Fax | No probate fax line is listed for Frederick County. The court's own terms state that faxes from attorneys and litigants are not accepted without prior approval. |
| Hours | 8:00 a.m. to 4:00 p.m., Monday through Friday |
| Probate tax and fees | Commonwealth probate tax is 10 cents per $100 of estate value, with estates of $15,000 or less paying none, current in 2026 (Va. Code § 58.1-1712). Frederick County adds a local probate tax equal to one third of the state tax (Va. Code §§ 58.1-1718, 58.1-3805; Frederick County Code § 155-29). Qualification fee bands are $0 up to $5,000, $20 from $5,001 to $50,000, $25 from $50,001 to $100,000, and $30 above $100,000, current under the 2026 circuit fee schedule (Va. Code § 17.1-275(A)(3)). |
| Local forms | Yes. Frederick County publishes an Application for Probate Appointment in addition to the statewide CC forms. |
| Electronic filing | No electronic filing for probate. Frederick participates in the Virginia Judiciary eFiling System for most civil cases, but that system is for Virginia State Bar members and their staff and does not cover qualification. |
| Case information | No free public portal shows a Frederick County estate file. Wills and lists of heirs are in the clerk's will book at the courthouse. The clerk also offers paid remote access to recorded instruments by separate subscription for each court in the building. |
| Remote appearance | Qualification is an in-person appointment with the clerk's probate division. Virginia courts may allow remote participation in a civil proceeding at the court's discretion (Va. Code § 17.1-513.2), but qualification before the clerk is not that kind of hearing. |
| Website | Frederick County clerk probate information; Frederick Circuit Court, Virginia's Judicial System |
Before you begin — know the assets and liabilities
Before you call for the Frederick County appointment, sort the assets into probate and non-probate property. The county's own application tells you not to list accounts or policies that already have survivorship, payable-on-death or beneficiary designations, but it also reminds you that a power of attorney ends at death, so those accounts may need to be listed if they were held only in the decedent's name.
That asset list affects the probate tax, the Frederick County local probate tax, the qualification fee and the commissioner of accounts work that follows. Sunset's estate settlement process includes asset discovery across more than 2,300 financial institutions, which can help you complete the Frederick County application before you set the appointment.
Which court handles jurisdiction
File for a Frederick County decedent at the Frederick County Circuit Court clerk's probate division, 5 North Kent Street in Winchester. The courthouse is in the independent City of Winchester, but the City of Winchester has its own separate clerk in the same building. A Frederick County estate is not opened with the city clerk.
The clerk serves Frederick County, including Middletown, Stephens City and the county's unincorporated communities. The City of Winchester is not part of Frederick County. Clarke, Shenandoah and Warren Counties are in the same judicial circuit, but each has its own clerk and courthouse.
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). If the decedent moved to a nursing home, convalescent home or similar institution because of age or impaired health, Virginia presumes the legal residence stayed where it was before that move unless the presumption is rebutted (§ 64.2-443).
The jurisdiction process
- Complete Frederick County's Application for Probate Appointment. Gather the certified death certificate and the original will, if there is one.
- Call (540) 667-5770, ask for the Frederick County Circuit Court, and ask the probate division how it wants the application, death certificate and original will delivered before the appointment is set.
- After the probate division has the paperwork, set the appointment. The clerk's own form says taxes and fees are due on the day of the appointment.
- At the appointment, the clerk admits the will to probate if there is a will, takes the oath and bond, 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, Frederick County local probate tax, qualification fee and recording fee that apply. The clerk calculates the total from the estate value and the documents recorded.
- Receive the certificate of qualification, CC-1625. The 2026 circuit fee schedule states that two certificates come with the qualification fee, and additional certificates are $2 each under Va. Code § 17.1-275(A)(9).
- Send the required notice regarding the estate to the people entitled to notice within 30 days after qualification or admission of the will, then record the affidavit of notice with the clerk within four months (Va. Code § 64.2-508).
- File the inventory with the commissioner of accounts within four months after qualification, using CC-1670 (Va. Code § 64.2-1300). File the first account with the commissioner of accounts within 16 months, covering the first 12 months, using CC-1680 (Va. Code § 64.2-1304).
- If a dispute needs a court date, Frederick County's civil motion day is the first Wednesday after the first Monday of each month, court starts at 9:00 a.m., and a praecipe must be filed at least seven days before motion day. An ordinary qualification has no court date.
- Close the administration through the commissioner of accounts. In some estates, all residuary beneficiaries or distributees who are also the personal representatives may use a statement in lieu, CC-1681, under Va. Code § 64.2-1314.
Forms and documents
Probate forms in Frederick County
Frederick County uses Virginia's statewide circuit court forms and adds its own local intake form. Start with the clerk's Application for Probate Appointment, because the probate division requires it, the death certificate and the original will, if any, before an appointment is set.
| Form | Use in Frederick County |
|---|---|
| Frederick County Application for Probate Appointment | Local intake form for the probate appointment. It asks for the decedent's residence, heirs, beneficiaries, Virginia real estate, personal assets, named executors and whether a waiver is needed from someone who will not serve. |
| CC-1611, list of heirs | Filed at qualification or when a will is presented without anyone qualifying (Va. Code § 64.2-509). |
| CC-1608, waiver of qualification | Used when a person named or entitled to serve will not qualify. |
| CC-1610, consent of nonresident fiduciary for service of process | Used when the personal representative lives outside Virginia (Va. Code § 64.2-1426). |
| CC-1616 and CC-1617 | Notice regarding the estate and the affidavit of notice. The affidavit is recorded with the clerk within four months (Va. Code § 64.2-508). |
| CC-1625 | Certificate of qualification, the authority document banks and transfer agents ask for. |
| CC-1670, CC-1680 and CC-1681 | Inventory, account and statement in lieu. These go to the commissioner of accounts, not to the clerk's counter. |
| CC-1612 | List of heirs / real estate affidavit for an intestate real-estate-only path. |
| CC-1685 | Small estate affidavit, a statewide form effective July 1, 2026. It is presented to the institution, not filed with the clerk (Va. Code §§ 64.2-600, 64.2-601). |
| CC-1686 and CC-1687 | Optional creditor notice and affidavit, effective July 1, 2026 (Va. Code § 64.2-508.1). |
Fees
Frederick County has a real local fee layer. The Commonwealth probate tax is 10 cents per $100 of estate value, or fraction of $100, with estates of $15,000 or less paying none, current in 2026 (Va. Code § 58.1-1712). Frederick County adds a local probate tax equal to one third of the state tax (Va. Code §§ 58.1-1718, 58.1-3805; Frederick County Code § 155-29).
For example, on a $200,000 estate, the Commonwealth probate tax is $200.00 and Frederick County's local probate tax is about $66.67, current under the county ordinance and the 2026 statutes. The $15,000 rule is an on-or-off exemption under Va. Code § 58.1-1712, not an amount subtracted from the estate.
The qualification fee bands are $0 up to $5,000, $20 from $5,001 to $50,000, $25 from $50,001 to $100,000, and $30 above $100,000, current under the 2026 circuit fee schedule (Va. Code § 17.1-275(A)(3)). Recording a will, list of heirs or similar writing is $18 for 10 pages or fewer, $32 for 11 to 30 pages, and $52 for 31 pages or more, current under the 2026 circuit fee schedule (Va. Code § 17.1-275(A)(2)).
If no will is probated and no administration is granted, the state fee for recording a list of heirs or real estate affidavit is $25, and Frederick County adds its own $25 county fee, current under the 2026 statutes and Frederick County Code § 155-29 (Va. Code § 58.1-1717.1). The circuit fee schedule states that the qualification fee includes two certificates of qualification, and additional certificates are $2 each, current under the 2026 schedule (Va. Code § 17.1-275(A)(9)).
Timeline
- Before the appointment, complete Frederick County's Application for Probate Appointment and gather the certified death certificate and original will, if any.
- Call (540) 667-5770 and ask for the Frederick County Circuit Court. The probate division will tell you how to get the application packet to the office before the appointment is set.
- After the paperwork is in the probate division's hands, the appointment is set. Frederick County's form says fees and taxes are due on the day of the appointment.
- At the appointment, the clerk qualifies the personal representative and issues the certificate of qualification. The 2026 circuit fee schedule says two certificates come with the qualification fee.
- Within four months after qualification, file the inventory with the commissioner of accounts, not with the clerk (Va. Code § 64.2-1300).
- Within 16 months after qualification, file the first account with the commissioner of accounts, covering the first 12 months (Va. Code § 64.2-1304).
- If a dispute needs a judge, Frederick County civil motion day is the first Wednesday after the first Monday of each month, court convenes at 9:00 a.m., and a praecipe must be filed at least seven days before motion day.
Local nuance
Frederick County-specific considerations
| Local point | Why it matters |
|---|---|
| One building, two clerks | The Frederick County clerk and the City of Winchester clerk are separate offices in the same courthouse building. Call (540) 667-5770 and ask for the Frederick County Circuit Court if the decedent lived in Frederick County. |
| Paperwork before appointment | Frederick County's application, the death certificate and the original will, if any, must reach the probate division before the appointment is set. |
| County probate tax | Frederick County imposes a local probate tax equal to one third of the Commonwealth probate tax (Va. Code § 58.1-1718; Frederick County Code § 155-29). |
| Local $25 real estate affidavit fee | When a list of heirs or real estate affidavit is recorded with no will probated and no administration granted, Frederick County adds a $25 county fee to the state $25 fee, current under the 2026 statutes and local ordinance (Va. Code § 58.1-1717.1; Frederick County Code § 155-29). |
| Commissioner of accounts | The commissioner of accounts for Frederick County is a private attorney's office in Winchester and is separate from the commissioner who handles City of Winchester estates. |
| No public estate portal | Families read the will book at the clerk's office. Remote recorded-instrument access is a paid annual subscription and the Frederick County account is separate from the City of Winchester account. |
Recent updates
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Frederick County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | If the home and accounts pass by survivorship or beneficiary designation, they may not need to be listed on the Frederick County application. If solely held assets remain, the spouse completes the county application, gets it to the probate division with the death certificate and original will, pays the probate tax and fees at the appointment, and then works with the commissioner of accounts after qualification. | Sunset helps identify which accounts are solely held, which pass outside probate and what values belong on the local application before estate settlement begins at the clerk's counter. |
| Out-of-state adult child w/ small estate | If the statewide small estate affidavit path fits, the affidavit is presented to the institution and not filed with the clerk. If a will exists, it still goes to the clerk. If qualification is needed, the child should call (540) 667-5770, ask for the Frederick County Circuit Court, settle the paperwork before travel and expect to sign CC-1610 for service of process (Va. Code § 64.2-1426). | Sunset helps assemble the asset list and probate packet from out of state, so the child can make one focused trip to Winchester when an in-person appointment is needed. |
| Parent settling predeceased child's estate, home must be sold | When a Frederick County home must be sold, qualification is usually needed unless the real-estate-only intestate path applies. The county application asks for each Virginia parcel, the tax assessed value, whether it is jointly held and whether a transfer on death deed exists. Those values feed the probate tax, local probate tax and qualification fee. | Sunset helps gather asset and real estate information, prepare the estate settlement packet and connect the parent with a Frederick County probate attorney when the sale or title issue needs legal work. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Frederick County Circuit Court clerk probate information | Local probate page with appointment instructions and Frederick County's Application for Probate Appointment. | Clerk probate information; 5 North Kent Street, Winchester; (540) 667-5770 |
| Frederick Circuit Court, Virginia's Judicial System | Judiciary page with court address, hours, phone number, terms of court and motion day information. | Frederick Circuit Court |
| Commissioners of Accounts directory | Statewide directory for finding the commissioner of accounts assigned by jurisdiction, plus fee schedule guidance. | Commissioners of Accounts directory |
| Virginia Judiciary circuit court forms | Statewide CC forms and instructions, including probate, notice, inventory, accounting and small estate forms. | Circuit court forms |
| Virginia Judicial System Court Self-Help website | Self-help information and probate form links. It does not replace the Frederick County appointment process. | Court Self-Help website |
| Blue Ridge Legal Services, Winchester office | General civil legal aid for low-income residents of Frederick County. Its listed case types do not include estate administration, so ask the program directly about fit. | Blue Ridge Legal Services Winchester office; 303 S. Loudoun Street, Suite D, Winchester; (540) 662-5021 |
When to hire an attorney
The clerk can process the qualification, but the clerk cannot give legal or accounting advice for settling an individual estate. Counsel is especially useful in Frederick County when real estate must be sold, when the application must classify jointly held or transfer-on-death real estate, when a nonresident personal representative may need bond and surety, when a creditor claim is disputed before the commissioner of accounts, or when a dispute has to be placed on civil motion day. Sunset connects families with a vetted attorney when local probate advice is needed.
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 you complete Frederick County's Application for Probate Appointment.
Generate the probate packet. Sunset organizes the information needed for estate settlement, including the local Frederick County intake form, the statewide CC forms and the asset values that affect the probate tax and qualification fee.
Find a local probate attorney. When the estate has a home to sell, a dispute, a nonresident fiduciary issue or commissioner of accounts questions, Sunset can connect the family with a local probate attorney.
Sunset is free for families. Families can use Sunset's estate settlement tools at no cost while deciding whether they need a Frederick County appointment, attorney support or both.
Frequently asked questions
Where do I file probate for a Frederick County resident?
Use the Frederick County Circuit Court clerk's probate division at 5 North Kent Street in Winchester. The courthouse building is shared with the City of Winchester's separate clerk, so call (540) 667-5770 and ask for the Frederick County Circuit Court if the decedent lived in Frederick County. Venue is based on the county or city where the decedent had a known place of residence (Va. Code § 64.2-443).
Is the City of Winchester the same probate office as Frederick County?
No. The two clerks work in the same courthouse building and share the main telephone number, but they are separate clerks with separate records. A City of Winchester estate is handled by the city's clerk, and a Frederick County estate is handled by the Frederick County clerk.
Does Frederick County require an appointment to qualify?
Yes. The clerk's probate page tells families to call for an appointment so a probate clerk is available. Frederick County's application also says the completed application, death certificate and original will, if any, must reach the probate division before the appointment is set.
Can I file a Frederick County probate matter electronically?
No. Opening an estate in Frederick County is an in-person appointment with the clerk's probate division. Frederick participates in the Virginia Judiciary eFiling System for most civil cases, but that service is for Virginia State Bar members and their staff and does not cover probate qualification.
Can I see a Frederick County estate file on the internet?
No free public portal shows a Frederick County estate file. Wills and lists of heirs are recorded in the clerk's will book and can be read at the clerk's office. The clerk offers paid remote access to recorded instruments by annual subscription, with a separate subscription for Frederick County and the City of Winchester.
What local probate forms does Frederick County use?
Frederick County publishes an Application for Probate Appointment. It is used before the appointment is set and asks for heirs, beneficiaries, Virginia real estate, personal property and whether any named executor will not serve. Statewide CC forms are still used for the list of heirs, notice, certificate of qualification, inventory, account and related steps.
How much is the Frederick County probate tax?
The Commonwealth probate tax is 10 cents per $100 of estate value, with estates of $15,000 or less paying none, current in 2026 (Va. Code § 58.1-1712). Frederick County adds a local probate tax equal to one third of the Commonwealth amount (Va. Code §§ 58.1-1718, 58.1-3805; Frederick County Code § 155-29). The clerk calculates the total at qualification from the estate value.
Do I have to travel to Winchester if I live out of state?
Qualification in Frederick County is an in-person appointment. If travel is difficult, call (540) 667-5770, ask for the Frederick County Circuit Court, and ask the probate division what it can do. A nonresident personal representative can qualify in Virginia by filing written consent to service of process, CC-1610, and should expect surety unless a Virginia resident fiduciary qualifies at the same time or the clerk waives surety under the applicable statute (Va. Code §§ 64.2-1426, 64.2-1411).
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.