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Highland County, VA Probate Information
Quick facts
| Item | Highland County detail |
|---|---|
| Court and filing officer | Highland Circuit Court, Clerk of the Circuit Court |
| Courthouse address | 165 W. Main Street, Monterey, VA 24465 |
| Mailing address | P.O. Box 190, Monterey, VA 24465-0190 |
| Phone | (540) 468-2447. This is the office number for the clerk and deputy clerks, with no separate probate line published. |
| Fax | (540) 468-2047 |
| Published hours | 8:30 a.m. to 4:30 p.m. Call before going because no probate appointment policy, lunch closure or probate intake cutoff is published. |
| Probate tax and charges | 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, rate and exemption effective July 1, 2003. Qualification and recording charges are set statewide by Va. Code § 17.1-275, effective July 1, 2022. A 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 call. |
| Local forms | No Highland-specific probate packet, cover sheet or checklist is published. Use the Virginia Judiciary's statewide circuit court fiduciary forms. |
| Electronic filing | Highland is not listed as a Virginia Judiciary eFiling System court. VJEFS is attorney-only for participating civil courts and is not used for qualification before the clerk. |
| Online estate file access | No free public internet portal shows Highland County estate files. The will book and estate files are handled through the clerk's office in Monterey. The clerk manages secure remote access, but subscription terms must be arranged with the clerk. |
| Remote appearance | No current remote qualification option is published. Qualifying before the clerk is normally an in-person appearance in Monterey. Civil hearings may use phone or video only at the court's discretion under Va. Code § 17.1-513.2. |
| Website | Highland Circuit Court, Virginia Judiciary and Highland County Circuit Court |
Before you begin — know the assets and liabilities
Before you call the clerk in Monterey, make a working list of the decedent's assets, debts, real estate, named beneficiaries and likely heirs. The clerk will need enough information to decide whether a will can be admitted, whether someone should qualify as personal representative, and what tax and qualification paperwork applies.
Sunset helps families start estate settlement by locating accounts and assets across more than 2,300 financial institutions, then organizing what you have found into the Virginia forms and local steps you will discuss with the Highland County clerk.
Which court handles jurisdiction
For a Highland County resident, probate is handled at the Clerk of the Circuit Court's counter at 165 W. Main Street in Monterey. Virginia venue is the circuit court of the county or city where the decedent had a known place of residence, and a move to a nursing home or similar institution is rebuttably presumed not to change that legal residence by itself (Va. Code § 64.2-443).
The Monterey counter serves the whole county, including Monterey and smaller Highland County communities such as Blue Grass, Hightown, Mustoe and Vanderpool. Highland County is in the Twenty-fifth Judicial Circuit with other counties and independent cities, but it has its own clerk's office and its own courthouse in Monterey (Va. Code § 17.1-506).
The jurisdiction process
Call the Clerk of the Circuit Court at (540) 468-2447 before going to 165 W. Main Street in Monterey. Ask what original documents, death certificates, names and addresses of heirs, asset information and payment methods the office wants you to bring.
Prepare the statewide Virginia forms that fit the estate. Common starting forms include CC-1650, Probate Information Form, CC-1651, Probate Tax Return when required under Va. Code § 58.1-1714, CC-1611, List of Heirs, and CC-1610 if a nonresident fiduciary will qualify under Va. Code § 64.2-1426.
Go to the Highland County clerk's counter in Monterey to offer the will, if there is one, and to qualify, Virginia's word for being appointed and sworn in, as executor or administrator. In Virginia, the clerk may admit wills and qualify personal representatives without a judge under Va. Code §§ 64.2-443 and 64.2-444.
Pay the probate tax and statewide clerk charges quoted by the clerk. 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, rate and exemption 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 and 58.1-3805, so confirm the Highland total when you call.
Receive the certificate of qualification from the clerk. The Office of the Executive Secretary's current fee schedule says the qualification charge includes the oath, initial bond, order of qualification and the first two certificates of qualification. Ask at the counter how many certified certificates banks, transfer agents and other institutions are likely to require.
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 in the clerk's office within four months (Va. Code § 64.2-508). If you choose the optional creditor notice process, follow Va. Code § 64.2-508.1 and use CC-1686 and CC-1687.
Do not wait for a court term date unless the matter becomes contested or otherwise needs a judge. Highland publishes circuit court term dates, but ordinary qualification is handled by the clerk. No current remote qualification option is published, and any civil hearing by phone or video is allowed only at the court's discretion under Va. Code § 17.1-513.2.
After qualification, work with the commissioner of accounts, not the clerk, for the fiduciary accounting phase. The Highland commissioner of accounts has an office in Monterey. The inventory is due to the commissioner within four months after the order of qualification, and the first account is due within 16 months under Va. Code §§ 64.2-1300 and 64.2-1304. Estate settlement continues through the commissioner until the required account or closing statement is settled.
Forms and documents
Probate forms in Highland County
Highland County does not publish a local probate packet, checklist, cover sheet or local probate forms page. The paperwork for a Highland estate is the Commonwealth's statewide circuit court fiduciary form set.
Use the Virginia Judiciary's Circuit Court Fiduciary Forms page for fillable forms such as CC-1650, Probate Information Form, CC-1651, Probate Tax Return, CC-1610, Consent of Nonresident Fiduciary for Service of Process, CC-1611, List of Heirs, CC-1612, List of Heirs / Real Estate Affidavit, CC-1616 and CC-1617 for notice, CC-1670 for the inventory, CC-1680 for the account, CC-1681 for a statement in lieu, and the current creditor and small-estate forms.
The certificate of qualification, CC-1625, is issued by the clerk after qualification. It is not a form you download and fill out before the appointment.
Recent updates
Scenarios
| Persona | Localized path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Call the Monterey clerk's office before going in, then bring the will, death certificate, asset information and heir information to the clerk's counter. The clerk records the will, handles qualification if needed, and receives the list of heirs. Virginia real estate can affect the probate tax calculation under Va. Code §§ 58.1-1712 and 58.1-1713 even when title questions are separate from day-to-day administration. | Sunset helps identify accounts, organize the home and asset picture, and prepare the Virginia forms so the spouse can ask the clerk focused questions at the appointment. |
| Out-of-state adult child w/ small estate | Highland County has no public online qualification process, and Highland is not a VJEFS court. If qualification is needed, call (540) 468-2447 to arrange the Monterey step and ask what can be handled by mail. A nonresident may qualify but must sign CC-1610, Consent of Nonresident Fiduciary for Service of Process, and should expect surety questions under Va. Code §§ 64.2-1426 and 64.2-1411. If the statewide small-estate affidavit route fits, that affidavit is presented to the bank or holder, not filed at the Monterey counter. | Sunset helps determine whether there are enough accounts or assets to justify qualification, prepares the packet, and can connect the family with Virginia counsel if the out-of-state logistics are difficult. |
| Parent settling predeceased child's estate, home must be sold | If a home must be sold through the estate, call the clerk and plan for qualification in Monterey. After qualification, the commissioner of accounts in Monterey supervises the inventory and account, with the inventory due within four months and the first account due within 16 months under Va. Code §§ 64.2-1300 and 64.2-1304. | Sunset helps gather account information, prepare the clerk and commissioner paperwork, and find a local probate attorney when the sale, title work or family issues call for legal help. |
Self-help resources
| Resource | How it helps | Link |
|---|---|---|
| Highland Circuit Court, Virginia Judiciary | Publishes the clerk's address, phone, fax, hours, circuit information and term dates. | Highland Circuit Court |
| Highland County Circuit Court | Describes the clerk's office duties, including probate and estate matters, fiduciary and estate files, copy requests and secure remote access management. | Highland County Circuit Court |
| Virginia Judiciary fiduciary forms | Provides the statewide probate and fiduciary forms used in Highland County. | Circuit Court Fiduciary Forms |
| Commissioners of Accounts directory | Lets you find the current Highland commissioner of accounts and explains that commissioners keep their own offices, supervise fiduciaries and may charge fees set under the circuit court's schedule. | Commissioners of Accounts |
| Virginia Judiciary self-help probate forms | Gives a plain-language index to the probate forms. It does not give Highland appointment instructions. | Probate forms self-help |
| Blue Ridge Legal Services, Harrisonburg office | Serves Highland County residents on listed civil legal matters. Its public services list does not list estate administration, so ask before relying on it for an estate issue. | Blue Ridge Legal Services |
When to hire an attorney
Consider a Virginia probate attorney if the will may be contested, the estate must sell real estate, a nonresident fiduciary needs help with bond or surety, creditors are disputed, or family members disagree about who should qualify. Counsel is also useful when you need a mailing or document strategy because you do not live near Monterey. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions and helps you build a practical asset list before you call the Highland County clerk. That gives the clerk, the commissioner of accounts and any attorney a clearer starting point for estate settlement.
Generate the probate packet. Sunset turns what you know about the decedent, heirs, beneficiaries and assets into the Virginia probate forms you can review before the Monterey appointment, including the information the clerk and commissioner will use after qualification.
Find a local probate attorney. When the estate needs legal judgment, Sunset can connect you with a Virginia probate attorney who understands qualification, commissioner of accounts practice and real estate issues.
Sunset is free for families. Families can use Sunset to organize the estate, find assets, prepare documents and decide what local help they need without paying Sunset for the service.
Frequently asked questions
Where do I file to probate a will in Highland County?
File at the Clerk of the Circuit Court's counter at the Highland County Court House, 165 W. Main Street, Monterey, VA 24465. The office phone is (540) 468-2447 and the mailing address is P.O. Box 190, Monterey, VA 24465-0190.
Do I have to go before a judge to be appointed in Highland County?
No. In Virginia, the clerk may admit a will and qualify a personal representative without a judge under Va. Code § 64.2-444. A judge becomes involved only if the matter is contested, appealed or otherwise needs court action under the Virginia statutes.
Does the Monterey clerk's office have its own probate forms?
No Highland-specific probate packet, checklist or cover sheet is published. Use the Virginia Judiciary's statewide circuit court fiduciary forms, and call the clerk before going in to ask what the office wants you to bring.
Can I file Highland County probate papers through VJEFS?
No. Highland is not listed as a participating Virginia Judiciary eFiling System court. VJEFS is for Virginia State Bar members and their designated staff in participating civil courts, and qualification before the clerk is not handled through that system.
Can I check a Highland County estate file on the internet?
There is no free public internet portal for Highland County estate files. The clerk's office in Monterey handles the will book and fiduciary files. The county clerk manages secure remote access, but any subscription terms must be arranged with the clerk's office.
What will it cost to probate a will in Highland 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, rate and exemption effective July 1, 2003. Statewide qualification and recording charges are set by Va. Code § 17.1-275, effective July 1, 2022. A 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 Highland clerk for the total before you go.
Do I have to come to Monterey in person?
Qualifying before the clerk is normally an in-person step, and no current remote qualification option is published for Highland County. If you live away from Highland County, call (540) 468-2447 before traveling and ask what, if anything, can be handled by mail.
Where do I send the inventory and accounts after I qualify?
Send them to the commissioner of accounts, not to the clerk. The current Highland commissioner of accounts has an office in Monterey, and the Judiciary's Commissioners of Accounts directory gives the current contact information. The inventory is due within four months after qualification, and the first account is due within 16 months under Va. Code §§ 64.2-1300 and 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.