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City of Hampton, VA Probate Information
Quick facts
| Item | City of Hampton details |
|---|---|
| Court and clerk | City of Hampton Circuit Court, handled through the Clerk of the Circuit Court. |
| Courthouse address | 237 N. King Street, Hampton, VA 23669. |
| Mailing address | P.O. Box 40, Hampton, VA 23669-0040. |
| Phone | (757) 727-6105. No probate-specific extension is published. |
| Fax | (757) 728-3505. The court publishes a separate criminal fax, and its terms state that faxes are not accepted in civil matters, so do not fax probate papers. |
| Hours | Monday through Friday, 8:30 a.m. to 4:00 p.m. The court publishes a 3:30 p.m. recordation cutoff. Hampton courts are closed for state holidays. |
| Probate tax and fees | The Commonwealth probate tax is 10 cents per $100 of estate value, with estates of $15,000 or less exempt (Va. Code § 58.1-1712). A city may add a local probate tax equal to one-third of the state tax (Va. Code §§ 58.1-1718, 58.1-3805), and the City of Hampton code of ordinances does not add one. |
| Local forms | No local probate packet, checklist or cover sheet is published. Use the statewide Virginia circuit court forms. |
| E-filing | The Virginia Judiciary eFiling System, VJEFS, includes Hampton for most civil cases, but it is for Virginia State Bar members and designated staff. It is not a route for proving a will or qualifying as personal representative. |
| Case information | No free public internet portal displays City of Hampton estate files. Wills and related probate recordings are handled through the clerk's office. |
| Remote appearance | No remote or mail-in qualification practice is published for this clerk. Qualifying is normally arranged as an in-person appointment with the clerk. |
| Website | https://www.vacourts.gov/courts/circuit/hampton/home |
Before you begin — know the assets and liabilities
Before you call the Hampton Circuit Court Clerk's Office, make a working list of the decedent's assets, debts, accounts, real estate and any will or trust documents. The clerk will need enough information to decide whether a will is being admitted, whether someone must qualify as personal representative, and what probate tax and statutory charges apply.
Estate settlement moves faster when you know what exists before the appointment. Sunset can help identify accounts and assets across more than 2,300 financial institutions, then organize what you need for the City of Hampton clerk, the commissioner of accounts and any Virginia probate attorney you choose to involve.
Which court handles jurisdiction
One clerk's counter serves the whole City of Hampton: the Clerk of the Circuit Court at 237 N. King Street in Hampton. The City of Hampton is an independent city, not part of any county, and it has its own elected Clerk of the Circuit Court.
The city is also the whole Eighth Judicial Circuit. Va. Code § 17.1-506 states that the City of Hampton constitutes the eighth circuit, so this is not a shared clerk arrangement with Newport News, York County, Poquoson or any other neighboring jurisdiction.
Venue follows the decedent's residence. A will is offered for probate in the circuit court of the county or city where the decedent had a known place of residence (Va. Code § 64.2-443). If a Hampton resident died after moving to a nursing home, convalescent home or similar institution elsewhere, the statute rebuttably presumes the person kept the residence they had before entering the facility.
Neighborhoods and districts served by this clerk include Buckroe, Phoebus, Downtown, Greater Wythe, Aberdeen, Fox Hill, North King Street, Mercury Central, Magruder Area and Northampton. Every address in the city uses the same clerk's office.
The jurisdiction process
- Call the Hampton Circuit Court Clerk's Office at (757) 727-6105 before you go. Ask how the clerk wants to schedule the probate appointment, what documents to bring, what total to bring for the probate tax and statutory charges, and what payment methods the office accepts.
- Bring the original will, if there is one, the death certificate, the names and addresses of heirs and beneficiaries, and the information needed for the statewide probate forms. Virginia probate is handled by the Clerk of the Circuit Court, and the clerk or a deputy clerk may admit the will and qualify the personal representative (Va. Code § 64.2-444).
- File the required statewide forms with the Hampton clerk at 237 N. King Street, including the probate information form, the list of heirs and any probate tax return required for the estate. If the personal representative lives outside Virginia, expect to sign the consent to service of process required by Va. Code § 64.2-1426.
- Pay the Commonwealth probate tax of 10 cents per $100 of estate value, with estates of $15,000 or less exempt (Va. Code § 58.1-1712), plus the applicable statewide qualification and recording charges. The City of Hampton code does not add a local probate tax under Va. Code §§ 58.1-1718 and 58.1-3805.
- Plan around the clerk's hours. The office is open Monday through Friday, 8:30 a.m. to 4:00 p.m., but the court publishes a 3:30 p.m. recordation cutoff for items that must be recorded, including a will, list of heirs or affidavit of notice.
- After qualification or admission of the will, send the required notice of probate to the people entitled to notice and record the affidavit of notice with the clerk within the statutory time required by Va. Code § 64.2-508.
- Use the certificate of qualification, CC-1625, as the authority document for banks, transfer agents and other institutions. If an institution needs a certified copy, ask the clerk how many copies to purchase and what the current copy and certification charges are.
- Work with the commissioner of accounts assigned to the estate. The inventory and accounts go to a commissioner of accounts for the Eighth Judicial Circuit, not to the clerk's counter. The inventory is due within four months after authority is conferred (Va. Code § 64.2-1300), and the first account is due within 16 months of qualification (Va. Code § 64.2-1304).
- Close the estate through the commissioner of accounts when the debts, distributions and required accounting are complete. In many Virginia estates, final estate settlement turns on satisfying the commissioner rather than returning to the clerk for another appointment.
Executor duties
These are the local Hampton points to add to the statewide duties of a Virginia personal representative.
| Duty | City of Hampton local point |
|---|---|
| Know where each paper goes | The affidavit proving notice of probate goes back to the Hampton clerk for recording under Va. Code § 64.2-508. The inventory and accounts go to a commissioner of accounts for the Eighth Judicial Circuit, a private attorney appointed under Va. Code § 64.2-1200. |
| Use the right address | The counter is at 237 N. King Street. Correspondence should use P.O. Box 40, Hampton, VA 23669-0040. |
| Do not fax probate papers | The court publishes a fax number, but its own terms state that faxes are not accepted in civil matters. |
| Beat the recordation cutoff | The office closes at 4:00 p.m., but recordation stops at 3:30 p.m. Bring any document that has to be recorded before that cutoff. |
| Work with the commissioner | Commissioner of accounts supervision happens from private law offices, not from the courthouse. One of the commissioners serving Hampton has an office in the city, and the assistant commissioner has an office in Yorktown. |
| Handle compensation through the account | Fiduciary compensation is reviewed when the commissioner of accounts settles the account under Va. Code § 64.2-1208. It is not approved by the clerk at qualification. |
Forms and documents
Probate forms in the City of Hampton
The City of Hampton Circuit Court publishes no local probate form, packet, checklist or cover sheet. Probate in the City of Hampton uses the statewide Virginia circuit court form set: https://www.vacourts.gov/forms/circuit/home
| Form | Use in the City of Hampton |
|---|---|
| CC-1650, Probate information form | The information form the clerk uses at the probate appointment. |
| CC-1651, Probate tax return | Used when the estate value requires a probate tax return under Va. Code § 58.1-1714. The probate tax itself is governed by Va. Code § 58.1-1712. |
| CC-1610, Consent of nonresident fiduciary for service of process | Required when a nonresident fiduciary qualifies in Virginia (Va. Code § 64.2-1426). |
| CC-1611, List of heirs | Filed with the clerk at qualification or when a will is presented and nobody qualifies (Va. Code § 64.2-509). |
| CC-1612, List of heirs / real estate affidavit | Recorded with the clerk for the intestate real estate affidavit route (Va. Code § 64.2-510). |
| 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 | Sent to the commissioner of accounts within four months after authority is conferred (Va. Code § 64.2-1300). |
| CC-1680, Account for decedent's estate | Sent to the commissioner of accounts. The first account is due within 16 months of qualification (Va. Code § 64.2-1304). |
| CC-1681, Statement in lieu of settlement of account | Used when the statutory conditions for closing with a statement in lieu are met (Va. Code § 64.2-1314). |
| CC-1685, Small estate affidavit | Presented to the asset holder, not filed with the Hampton clerk. The current $75,000 small asset amount under Va. Code §§ 64.2-600 through 64.2-605 is effective July 1, 2025. |
Fees
The clerk collects the Commonwealth's probate tax of 10 cents per $100 of estate value, with estates of $15,000 or less exempt (Va. Code § 58.1-1712). A Virginia city may add a local probate tax equal to one-third of the state tax (Va. Code §§ 58.1-1718, 58.1-3805), and the City of Hampton's code of ordinances does not add one: the local tax the city has adopted is a recordation tax on deeds, not on probate.
The same city option also allows a separate local fee in lieu for recording a list of heirs or real estate affidavit, and the City of Hampton code does not add that local charge either (Va. Code §§ 58.1-1718, 58.1-3805). The statewide qualification fee and recording fee are statutory charges discussed on the Virginia state page. Ask the clerk's office for the exact total to bring and the payment methods it accepts when you call (757) 727-6105 to arrange the appointment.
Local nuance
City of Hampton-specific considerations
| Local point | Why it matters |
|---|---|
| The city is the whole Eighth Judicial Circuit | Under Va. Code § 17.1-506, the City of Hampton constitutes the eighth circuit. The judges of that circuit and the commissioners of accounts they appoint serve this one city. |
| Recordation stops before closing | The clerk's office is open until 4:00 p.m., but the court publishes a 3:30 p.m. recordation cutoff. Bring recordable probate documents before that cutoff. |
| Fax is not a probate channel | The court publishes a fax number, but its terms state that faxes are not accepted in civil matters. Use the counter or the post for probate paperwork. |
| No office email is published | Questions go by telephone to (757) 727-6105, by post to P.O. Box 40, or at the counter. |
| No local probate packet is published | The City of Hampton uses the statewide Virginia circuit court forms rather than a local packet or cover sheet. |
| No added city probate tax | The city has adopted a local recordation tax on deeds, but it has not added the optional local probate tax allowed by Va. Code §§ 58.1-1718 and 58.1-3805. |
| VA Deed Alert is available for land records notices | The city announces VA Deed Alert, a free service that emails a registrant when a document naming a registered name or Tax Map or Parcel ID is filed in the clerk's land records. It is useful for monitoring a house transfer, but it is not an estate file display. |
Recent updates
Scenarios
| Scenario | Local path in the City of Hampton | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Call the clerk at (757) 727-6105 to arrange the appointment and ask what to bring. If the home was held jointly with survivorship, the home may not drive qualification; accounts and personal property usually decide the probate path. If qualification is needed, the appointment at 237 N. King Street is where the clerk admits the will and qualifies the spouse. Plan around the 3:30 p.m. recordation cutoff. | Sunset helps identify accounts, organize asset values and produce a probate packet so the spouse can speak with the clerk and the commissioner of accounts from a complete picture. |
| Out-of-state adult child with small estate | Venue stays with the Hampton clerk if the parent had a known place of residence in the City of Hampton (Va. Code § 64.2-443). A nonresident may serve, but will sign the consent to service of process and should expect a surety question unless a Virginia resident qualifies too or the clerk waives surety under the statute (Va. Code §§ 64.2-1426, 64.2-1411). If the estate fits the statewide small asset route, the $75,000 amount under Va. Code §§ 64.2-600 through 64.2-605 is effective July 1, 2025, and qualification may not be needed, although a will still must be presented to the clerk. | Sunset helps the child find accounts before traveling, sort which assets need clerk action and prepare questions for the Hampton appointment. |
| Parent settling predeceased child's estate, home must be sold | A Hampton house sale usually turns on title, the will's power of sale and whether qualification is needed. If the child died intestate and the house is the only real asset, the list of heirs and real estate affidavit route may move title through recordings with the Hampton clerk. If qualification with a power of sale is needed, the commissioner of accounts supervises estate settlement through the final account. Recordable documents must reach the counter before 3:30 p.m. | Sunset helps collect the asset picture, generate the packet, and connect the parent with a Virginia probate attorney for title, sale and creditor issues. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| City of Hampton Circuit Court Clerk's Office | Proves the will, qualifies the personal representative, records the will and list of heirs, and answers procedural questions. Deputy clerks provide procedural information, not legal advice. | (757) 727-6105. 237 N. King Street, Hampton, VA 23669. Mailing address: P.O. Box 40, Hampton, VA 23669-0040. https://www.vacourts.gov/courts/circuit/hampton/home |
| City of Hampton Circuit Court, city page | City page for the court, including circuit court information, marriage licenses, case information links and the VA Deed Alert notice. | https://www.hampton.gov/225/Circuit-Court |
| Commissioners of Accounts directory | Statewide Judiciary directory of the commissioners of accounts who supervise fiduciaries after qualification. Searching Hampton returns the Eighth Circuit commissioners. | https://www.vacourts.gov/courts/circuit/resources/coa/home |
| Circuit court forms, Virginia Judiciary | Statewide circuit court form set used for Hampton probate, including the probate information form, probate tax return, list of heirs, inventory and account. | https://www.vacourts.gov/forms/circuit/home |
| Virginia Judiciary self-help probate forms | Plain-language index to the Virginia probate forms and what each is for. | https://selfhelp.vacourts.gov/page/37/probate-forms |
| Legal Aid Society of Eastern Virginia | General civil legal aid for qualifying low-income residents. Its service area includes Hampton. Published estate-related work focuses on planning documents, so ask at intake whether the office can help with the issue you have. | Central intake: (757) 827-5078, Monday, Tuesday, Thursday and Friday, 9:00 a.m. to 1:00 p.m. Main office: 125 St. Paul's Blvd., Suite 400, Norfolk, VA 23510. https://laseva.org/what-we-do/apply-for-services/ |
| VA Deed Alert | Free land-records notification service from the Office of the Executive Secretary. It emails a registrant when a document naming a registered name or Tax Map or Parcel ID is filed in land records. It is not an estate file display. | https://risweb.vacourts.gov/VADeedAlert/ |
When to hire an attorney
Counsel makes sense in the City of Hampton when a house has to be sold or title has to be cleared, when a will dispute would move the matter from the clerk to a circuit court judge, when creditors need formal handling, when the commissioner of accounts directs a disputed claim into court, when an out-of-state personal representative is asked for surety, or when the accounting is substantial. Virginia does not require every personal representative to have counsel, but clerk's staff cannot give legal advice, and contested civil hearings in Hampton are set through the judges' office. Sunset connects families to a vetted Virginia probate attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank, brokerage, retirement and insurance relationships so the probate appointment starts with facts instead of guesses.
Generate the probate packet. Sunset organizes the information needed for the Hampton clerk, the statewide Virginia probate forms and the commissioner of accounts, so the estate settlement paperwork is easier to review.
Find a local probate attorney. When a house sale, creditor dispute, nonresident surety issue or contested will needs legal judgment, Sunset can connect the family with a vetted Virginia probate attorney.
Sunset is free for families. Families can use Sunset to understand the path, assemble documents and decide when local legal help is worth it.
Frequently asked questions
Where do I file probate in the City of Hampton?
File with the Clerk of the Circuit Court at 237 N. King Street, Hampton, VA 23669. Mail for the clerk goes to P.O. Box 40, Hampton, VA 23669-0040. The City of Hampton is an independent city with its own clerk and courthouse.
How do I arrange a probate appointment with the Hampton Circuit Court Clerk's Office?
Call (757) 727-6105 before you go. No online scheduler or probate appointment rule is published for this clerk, so ask what to bring, what total to bring and what payment methods the office accepts.
What are the Hampton Circuit Court Clerk's Office hours for probate?
The clerk's office is open Monday through Friday, 8:30 a.m. to 4:00 p.m. The court publishes a 3:30 p.m. recordation cutoff, so bring wills, lists of heirs and other recordable probate papers before that time.
Does the City of Hampton charge a local probate tax?
The clerk collects the Commonwealth probate tax of 10 cents per $100 of estate value, with estates of $15,000 or less exempt (Va. Code § 58.1-1712). A city may add a local probate tax equal to one-third of the state tax (Va. Code §§ 58.1-1718, 58.1-3805), and the City of Hampton code does not add one.
Are there local probate forms in the City of Hampton?
No local probate form, packet, checklist or cover sheet is published for the City of Hampton. Use the statewide Virginia circuit court forms at https://www.vacourts.gov/forms/circuit/home.
Can I fax or email probate documents to the Hampton Circuit Court Clerk's Office?
No office email address is published for probate. The court publishes a fax number, but its terms say faxes are not accepted in civil matters, so use the counter or the post for probate paperwork.
Can I view a City of Hampton estate file on the internet?
No free public portal displays a City of Hampton estate file. The city's court page links to statewide case information for circuit courts, but that system covers civil and criminal cases, not probate or fiduciary records. For a specific estate, call the clerk at (757) 727-6105 or visit the clerk's office.
Is there e-filing for probate in the City of Hampton?
The Virginia Judiciary eFiling System includes Hampton for most civil cases, but it is for Virginia State Bar members and designated staff. It is not a route for proving a will or qualifying as personal representative with the clerk.
Do I have to travel to Hampton if I live out of state?
If the decedent had a known place of residence in the City of Hampton, venue is with the Hampton clerk (Va. Code § 64.2-443). A nonresident may qualify in Virginia, but must file a written consent to service of process and may be asked about surety (Va. Code §§ 64.2-1426, 64.2-1411). Call the clerk before traveling.
Where do I send the inventory and annual accounts after I qualify in the City of Hampton?
Send them to the commissioner of accounts assigned to the estate, not to the clerk's counter. The inventory is due within four months after authority is conferred (Va. Code § 64.2-1300), and the first account is due within 16 months of qualification (Va. Code § 64.2-1304).
Can I handle a City of Hampton probate matter by video?
No remote qualification practice is published for this clerk. Qualifying is normally arranged as an in-person appointment with the clerk. A Virginia circuit court may allow remote appearance in a civil proceeding at the court's discretion (Va. Code § 17.1-513.2), but qualification before the clerk is not a published video process here.
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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.