Back to Virginia
Henry County, VA Probate Information
Quick facts
| Item | Henry County details |
|---|---|
| Court | Henry County Circuit Court, Twenty-first Judicial Circuit |
| Courthouse address | 3160 Kings Mountain Road, Suite B, Martinsville, VA 24112 |
| Mailing address | P.O. Box 7, Collinsville, VA 24078 |
| Phone | (276) 634-4880, select option 4 for probate |
| Fax | (276) 634-4898 |
| Probate email | [email protected] |
| Hours | Monday through Friday, 9:00 a.m. to 5:00 p.m., closed state and local holidays |
| Appointments | All qualifications are completed by appointment after the probate application is submitted |
| Probate tax and fees | State probate tax is 10 cents per $100 of value for estates over $15,000, unchanged since 2003 (Va. Code § 58.1-1712), plus statutory qualification and recording fees. A county may add a local probate tax equal to one-third of the state tax (Va. Code § 58.1-1718), so ask the clerk to calculate the total when you make the appointment. |
| Local forms | Henry County publishes an Application for Probate Appointment and a local small-estate affidavit. Use current statewide Virginia CC forms where they apply. |
| Electronic filing | No self-represented electronic probate qualification route is published. The Henry County application may be submitted by email, mail, or in person before the appointment. |
| Estate records | The clerk publishes secure remote access, VA Deed Alert, online fine and cost payment, and a deed calculator. No free public estate-file portal for open estate administration is published. |
| Remote appearance | No published remote qualification procedure was listed. Ask the probate department before the appointment if you cannot travel. |
| Commissioner of accounts | The commissioner of accounts office listed for Henry County is at 23 West Church Street, P.O. Box 1068, Martinsville, VA 24114, phone (276) 632-3363. |
| Website | https://www.vacourts.gov/courts/circuit/henry/home and https://www.henrycountyva.gov/174/Probate |
Before you begin — know the assets and liabilities
Before you ask Henry County for a probate appointment, identify the assets, debts, heirs, beneficiaries, and whether any asset already passes by joint ownership, beneficiary designation, or another nonprobate transfer. The clerk's application asks for decedent and estate identification information, and having that information ready makes the appointment more productive.
Sunset's estate settlement platform can help you search for accounts across more than 2,300 institutions, organize liabilities, and decide whether Henry County qualification is needed before you contact the probate department.
Which court handles jurisdiction
Henry County probate matters are handled by the Henry County Clerk of the Circuit Court at 3160 Kings Mountain Road, Suite B, in Martinsville. The courthouse is physically in the City of Martinsville, but Martinsville is a separate independent city with its own clerk. Use the Henry County counter for a Henry County decedent.
Virginia venue is based on the decedent's known place of residence. A will is offered in the circuit court of the county or city where the decedent had a known place of residence, and a person who moved to a nursing home or similar institution because of age or health is presumed to keep the prior legal residence unless that presumption is rebutted (Va. Code § 64.2-443). For a Henry County resident, that means the Henry County Clerk of the Circuit Court.
The jurisdiction process
- Gather the will, death certificate, names and addresses of heirs and beneficiaries, asset information, and known debts. Decide whether the estate can be handled without qualification or whether a personal representative needs authority.
- Complete Henry County's Application for Probate Appointment. Submit it to [email protected], mail it to P.O. Box 7, Collinsville, VA 24078, or deliver it to 3160 Kings Mountain Road, Suite B, Martinsville.
- Wait for the probate department to schedule the qualification appointment. Henry County states that all qualifications are completed by appointment.
- Attend the appointment with the Clerk of the Circuit Court or deputy clerk. In Virginia, qualification means being appointed and sworn in as executor or administrator. The clerk may admit the will to probate, appoint and qualify the personal representative, and take the required bond with the same effect as the circuit court (Va. Code § 64.2-444).
- Pay the state probate tax, qualification fee, recording fee, and any county tax the clerk calculates. State probate tax is 10 cents per $100 of value for estates over $15,000, unchanged since 2003 (Va. Code § 58.1-1712). A county may add a local probate tax equal to one-third of the state tax (Va. Code § 58.1-1718).
- After qualification, use the certificate of qualification, CC-1625, to collect estate assets, open an estate account, and communicate with institutions. Send the required notice regarding estate to the people entitled to notice within 30 days, and record the affidavit of notice within four months (Va. Code § 64.2-508).
- File the inventory and accounts with the commissioner of accounts, not with the clerk. The inventory is due within four months after the order conferring authority (Va. Code § 64.2-1300). The first account is due within 16 months from qualification and covers the first 12 months (Va. Code § 64.2-1304).
- Administer debts, taxes, distributions, and closing. Optional creditor notice may be used under Va. Code § 64.2-508.1, and many eligible estates close through a statement in lieu of account under Va. Code § 64.2-1314. Sunset can help keep the estate settlement tasks organized while the commissioner of accounts settles the final account.
Forms and documents
Probate forms in Henry County
Henry County publishes a local Application for Probate Appointment on its probate page. The county also republishes a Virginia Small Estate Act affidavit, but Virginia now has a statewide Small Estate Affidavit, CC-1685, for the $75,000 small-asset process effective July 1, 2025 (Va. Code §§ 64.2-600 and 64.2-601). Use the current statewide form set when a CC form applies.
| Form or resource | Use in Henry County |
|---|---|
| Henry County Application for Probate Appointment | Submit this application by email, mail, or in person before the clerk schedules the qualification appointment. County probate page: https://www.henrycountyva.gov/174/Probate |
| CC-1650, Probate Information Form | Statewide probate information form used to collect information for the appointment. |
| CC-1651, Probate Tax Return | Used when the estate value requires a probate tax return under Va. Code § 58.1-1714. |
| CC-1611, List of Heirs | Filed at qualification or when a will is presented and nobody qualifies, as required by Va. Code § 64.2-509. |
| CC-1610, Consent of Nonresident Fiduciary for Service of Process | Used when a nonresident qualifies as personal representative under Va. Code § 64.2-1426. |
| CC-1625, Certificate / Letter of Qualification | The authority document issued after qualification. |
| CC-1670 and CC-1680 | Inventory of Decedent's Estate and Account for Decedent's Estate, filed with the commissioner of accounts. |
| CC-1685, Small Estate Affidavit | Current statewide small-estate affidavit for the $75,000 process effective July 1, 2025 (Va. Code §§ 64.2-600 and 64.2-601). It is presented to the asset holder, not filed with the clerk. |
| Virginia forms index | Statewide court forms: https://www.vacourts.gov/forms/home |
| Virginia self-help probate forms | Probate forms page: https://selfhelp.vacourts.gov/page/37/probate-forms |
Recent updates
Scenarios
| Scenario | Likely Henry County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by separating jointly owned assets from assets that require a personal representative. If qualification is needed, submit Henry County's probate application and complete the appointment at 3160 Kings Mountain Road, Suite B, in Martinsville. | Sunset helps identify accounts, debts, beneficiary designations, and which assets may not need court-supervised estate settlement. |
| Out-of-state adult child with small estate | You can serve from out of state. Expect to sign CC-1610, Consent of Nonresident Fiduciary for Service of Process, if you qualify (Va. Code § 64.2-1426). If the personal probate estate fits the $75,000 small-asset route effective July 1, 2025, CC-1685 may avoid qualification for eligible personal property (Va. Code §§ 64.2-600 and 64.2-601). | Sunset helps gather institution information before you travel, prepare a document checklist, and decide whether an attorney should handle the Henry County appointment. |
| Parent settling predeceased child's estate, home must be sold | If the home must be sold through the estate, full qualification may be needed. File the Henry County application, qualify by appointment, then work with the commissioner of accounts at the Martinsville office for the inventory and accounts. | Sunset helps organize the estate settlement timeline, track sale-related documents, and connect the family with local counsel when real estate authority or creditor issues require legal judgment. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Henry County Circuit Court, Virginia Judiciary | Official court page for the Henry County Clerk of the Circuit Court, including courthouse address, phone, fax, hours, and court information. | https://www.vacourts.gov/courts/circuit/henry/home |
| Henry County probate page | Local probate page with the probate department contact, the appointment application process, and Henry County probate materials. | https://www.henrycountyva.gov/174/Probate |
| Virginia Judiciary Commissioners of Accounts directory | Directory for the commissioner of accounts who supervises inventories and accounts after qualification. | https://www.vacourts.gov/courts/circuit/resources/coa/home |
| Virginia court forms index | Statewide Circuit Court forms, including probate, notice, inventory, account, and qualification forms. | https://www.vacourts.gov/forms/home |
| Virginia self-help probate forms | Self-help page collecting common Virginia probate forms. | https://selfhelp.vacourts.gov/page/37/probate-forms |
| Virginia Legal Aid Society, Danville office | General civil legal aid for Henry County. Estate administration is not listed as a public service, so use this as a general civil legal aid resource. | 2519 Main Street, Danville, VA 24541, (434) 799-3550. LawLine: 1-866-534-5243, Monday, Tuesday, Thursday, and Friday, 9:00 a.m. to 3:30 p.m. |
| Virginia Legal Aid Society, Martinsville by appointment | VLAS lists a Martinsville location by appointment only. | Grace Network, 16 Liberty St. Extension, Martinsville, VA 24112, same phone as VLAS |
When to hire an attorney
A Henry County probate attorney can be especially useful when real estate must be sold, a nonresident personal representative needs bond advice, heirs disagree, the will is contested, or creditor exposure is unclear. Counsel can also help coordinate the clerk appointment, the commissioner of accounts filings, and the practical estate settlement decisions that are not answered by a form. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families search across more than 2,300 institutions, organize known property, and build a clearer asset list before contacting the Henry County probate department.
Generate the probate packet. Sunset turns the information you provide into an organized estate settlement packet, including the documents and reminders commonly needed for qualification, notice, inventory, and accounting.
Find a local probate attorney. When the estate needs legal judgment, Sunset can connect you with a vetted attorney familiar with Virginia qualification, commissioner of accounts filings, and Henry County practice.
Sunset is free for families. Families can use Sunset to organize the estate, locate accounts, and understand next steps without paying a platform fee.
Frequently asked questions
Where do I file probate for a Henry County resident?
Use the Henry County Clerk of the Circuit Court at 3160 Kings Mountain Road, Suite B, Martinsville, VA 24112. 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).
Is Henry County probate handled by the Martinsville City clerk?
No. Henry County's courthouse address is in the City of Martinsville, but the City of Martinsville is a separate independent city with its own clerk. A Henry County estate starts with the Henry County clerk.
How do I make a Henry County probate appointment?
Complete Henry County's Application for Probate Appointment and submit it to [email protected], mail it to P.O. Box 7, Collinsville, VA 24078, or deliver it to Suite B. The county states that all qualifications are completed by appointment.
Can I file a Henry County probate matter electronically?
No self-represented electronic route for probate qualification is published. Henry County does allow the probate appointment application to be submitted by email before the appointment.
Can I handle Henry County probate if I live outside Virginia?
Yes, a nonresident can qualify as personal representative. You will need to file written consent to service of process, usually CC-1610, and you should expect the clerk to address bond and surety requirements under Va. Code §§ 64.2-1426 and 64.2-1411.
What does Henry County charge to open an estate?
The clerk calculates the total at the appointment. State probate tax is 10 cents per $100 of value for estates over $15,000, unchanged since 2003 (Va. Code § 58.1-1712), plus statutory qualification and recording fees. A county may add a local probate tax equal to one-third of the state tax (Va. Code § 58.1-1718), so ask the clerk to calculate the Henry County total.
Can I see Henry County estate records on the internet?
The clerk publishes secure remote access and VA Deed Alert, but no free public estate-file portal for open administration is published. Wills and lists of heirs are recorded in the clerk's will book and may be available through the clerk's records process.
Where do I send the inventory and account after qualification?
Send those fiduciary filings to the commissioner of accounts, not the clerk. The office listed for Henry County is at 23 West Church Street, P.O. Box 1068, Martinsville, VA 24114, phone (276) 632-3363. The inventory is due within four months after qualification (Va. Code § 64.2-1300), and the first account is due within 16 months from 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.