Back to Virginia
Isle of Wight County, VA Probate Information
Quick facts
| Item | Isle of Wight County details |
|---|---|
| Court | Isle of Wight Circuit Court. Probate is handled by the Clerk of the Circuit Court. |
| Courthouse address | 17000 Josiah Parker Circle, Isle of Wight, VA 23397 |
| Mailing address | P.O. Box 110, Isle of Wight, VA 23397 |
| Phone | (757) 365-6233. The county probate page uses this number for the required appointment. |
| Fax | (757) 357-0884 |
| Hours | 9:00 a.m. to 5:00 p.m. Registers close at 4:30 p.m., and no monetary transactions are handled after 4:30 p.m. |
| Probate tax and fees | The state probate tax is 10 cents per $100 of value for estates over $15,000 (Va. Code § 58.1-1712). Isle of Wight County imposes the local probate tax equal to one-third of the state tax and a $25 fee for recording a list of heirs or real estate affidavit when no will is probated and no administration is granted (Va. Code § 58.1-1718; Isle of Wight County Code § 15-90). State qualification and recording fees also apply under Va. Code § 17.1-275. |
| Local forms | Yes. Isle of Wight County publishes a local Probate Question Form, in addition to statewide Virginia circuit court forms. |
| Electronic filing status | Isle of Wight is listed for VJEFS attorney civil filings, but qualification before the clerk is not opened through VJEFS and self-represented families use the clerk appointment process. |
| Case information | No free public web portal displays Isle of Wight County estate files. OCIS does not cover probate or fiduciary matters. |
| Remote appearance | No current Isle of Wight County source states that qualification can be completed by video or remote appointment. Virginia civil hearings may use remote technology only when authorized by the court (Va. Code § 17.1-513.2). |
| Websites | Virginia Judiciary page: https://www.vacourts.gov/courts/circuit/isle_of_wight/home County probate page: https://www.isleofwight.gov/government/clerk_of_the_circuit_court/probate.php |
Before you begin — know the assets and liabilities
Before you call the Isle of Wight County clerk, list what the decedent owned, how each asset was titled, whether there are survivorship rights, and what debts or liens may affect the estate. The county's Probate Question Form is designed for that first pass, especially for real estate, stocks, bonds, investment accounts and other assets that affect whether qualification is needed.
Sunset can support estate settlement before the appointment by helping families identify accounts and assets across more than 2,300 financial institutions, organize what belongs in the probate packet, and decide what questions to ask the clerk or an attorney.
Which court handles jurisdiction
File Isle of Wight County probate matters at the Isle of Wight Circuit Court clerk's office in Isle of Wight. The county has its own clerk and courthouse. It is in the Fifth Judicial Circuit with the Cities of Franklin and Suffolk and Southampton County, but those jurisdictions keep separate clerk offices (Va. Code § 17.1-506(5)).
Virginia venue is based on the decedent's known place of 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). Isle of Wight County includes Smithfield and Windsor, along with communities such as Benns Church, Camptown, Carrollton, Carrsville and Rushmere.
The jurisdiction process
- Call for the required appointment. Isle of Wight County states that an appointment is required for all probate, will or estate matters. Call the Clerk of the Circuit Court at (757) 365-6233 and ask what to bring.
- Prepare the will and asset information. Bring the original will if there is one, the death certificate, names and addresses for heirs and beneficiaries, and asset information. Use the Isle of Wight County Probate Question Form to organize real estate, co-ownership, survivorship and account information before the appointment.
- Appear at the clerk's office. Go to 17000 Josiah Parker Circle in Isle of Wight. Plan around the 4:30 p.m. register-close cutoff because no monetary transactions are handled after that time.
- Probate the will or qualify as personal representative. In Virginia, the clerk may admit a will to probate and qualify the executor or administrator, which means appointing and swearing in the personal representative (Va. Code § 64.2-444). A judge becomes involved only for contested or appealed matters (Va. Code §§ 64.2-445, 64.2-446, 64.2-448).
- Pay the taxes and fees the clerk calculates. The state probate tax is 10 cents per $100 for estates over $15,000 (Va. Code § 58.1-1712). Isle of Wight County also imposes the local probate tax equal to one-third of the state tax and a $25 fee for the list-of-heirs or real-estate-affidavit route when applicable (Va. Code § 58.1-1718; Isle of Wight County Code § 15-90).
- Receive authority documents. If you qualify, the clerk issues a certificate of qualification, the Virginia authority document used to deal with banks, transfer agents and other institutions (Va. Code § 64.2-506; CC-1625).
- Send required notices. Within 30 days after qualification or admission of the will to probate, send the Virginia notice of probate to the people entitled to notice, then record the affidavit of notice within four months (Va. Code § 64.2-508; CC-1616 and CC-1617).
- Work with the commissioner of accounts. Isle of Wight County is served by a commissioner of accounts with a law office in Smithfield. The inventory is returned to the commissioner within four months after qualification (Va. Code § 64.2-1300), and the first account is due within 16 months under Va. Code § 64.2-1304 unless a statement in lieu or another approved path applies.
- Administer and close the estate. Pay valid debts in the required order, distribute assets, and complete the commissioner of accounts process so the estate settlement can close cleanly.
Forms and documents
Probate forms in Isle of Wight County
Isle of Wight County does have a local probate intake form. The county probate page links a Probate Question Form that helps gather asset information for the clerk appointment. Use it with the statewide Virginia circuit court forms rather than replacing them.
| Form or resource | Use in Isle of Wight County |
|---|---|
| Probate Question Form | Local Isle of Wight County asset questionnaire for real estate, co-ownership, survivorship, stocks, bonds, investments and other estate assets. The county probate page says it is used to get started before the appointment. |
| CC-1650, Probate Information Form | Statewide form used to collect information for the probate appointment. |
| CC-1651, Probate Tax Return | Statewide return used when the estate value requires the state probate tax under Va. Code § 58.1-1712. |
| CC-1611, List of Heirs | Statewide list filed at qualification or when a will is offered with no qualification, depending on the Virginia rule (Va. Code § 64.2-509). |
| CC-1612, List of Heirs / Real Estate Affidavit | Statewide real-estate affidavit route for an intestate decedent's real estate in the proper circumstances (Va. Code § 64.2-510). |
| CC-1610, Consent of Nonresident Fiduciary for Service of Process | Statewide form used when a nonresident fiduciary qualifies (Va. Code § 64.2-1426). |
| CC-1625, Certificate / Letter of Qualification | Statewide certificate showing the personal representative's authority (Va. Code § 64.2-506). |
| CC-1670 and CC-1680 | Inventory of Decedent's Estate and Account for Decedent's Estate. These go to the commissioner of accounts, not to the clerk. |
| CC-1685, Small Estate Affidavit | Statewide small-estate affidavit presented to the asset holder when the Virginia Small Estate Act applies. It is not filed with the Isle of Wight County clerk (Va. Code § 64.2-601, effective July 1, 2025 for the $75,000 ceiling in Va. Code § 64.2-600). |
Fees
Isle of Wight County has local charges beyond the statewide probate tax and clerk fees. County Code § 15-90 imposes both the local probate tax and the local fee in lieu allowed by Virginia law.
| Charge | Amount and authority |
|---|---|
| State probate tax | 10 cents per $100 of value for estates over $15,000 (Va. Code § 58.1-1712). |
| Isle of Wight County local probate tax | One-third of the state probate tax, imposed by Isle of Wight County Code § 15-90 under Va. Code § 58.1-1718. |
| Local fee in lieu for list of heirs or real estate affidavit | $25 when the fee in lieu applies, imposed by Isle of Wight County Code § 15-90 under Va. Code §§ 58.1-1717.1 and 58.1-1718. |
| Qualification and recording fees | Statewide clerk fees apply under Va. Code § 17.1-275. Ask the clerk for the total at the appointment because the tax calculation depends on the estate value and documents being recorded. |
Local nuance
Isle of Wight County-specific considerations
| Local point | What it means |
|---|---|
| Appointment required | The county probate page states that an appointment is required for all probate, will or estate matters. Call (757) 365-6233 before going to the courthouse. |
| Probate Question Form | Isle of Wight County publishes its own Probate Question Form to organize asset information before the appointment. This is a local intake aid, not a replacement for statewide CC forms. |
| 4:30 p.m. cutoff | The Judiciary page states that registers close at 4:30 p.m. and no monetary transactions are handled after 4:30 p.m. |
| Commissioner of accounts | After qualification, Isle of Wight County fiduciary supervision shifts to the commissioner of accounts serving the county, whose office is in Smithfield. Use the Virginia Judiciary Commissioners of Accounts directory for the current listing. |
Recent updates
Scenarios
| Scenario | Likely Isle of Wight County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Call (757) 365-6233 for the required appointment. Use the county Probate Question Form to sort out title, survivorship and value before bringing the original will, death certificate and asset information to 17000 Josiah Parker Circle. Plan to finish monetary transactions before the 4:30 p.m. register-close time. Isle of Wight County imposes the local probate tax equal to one-third of the state tax and the $25 fee in lieu where applicable (Va. Code § 58.1-1718; County Code § 15-90). | Sunset helps identify accounts, organize real estate and ownership details, and build a practical appointment checklist for the estate settlement. |
| Out-of-state adult child with small estate | Isle of Wight County does not provide a public online qualification process, and VJEFS is for attorney civil filings. A nonresident may qualify, but must sign CC-1610 and should expect surety questions unless a Virginia resident qualifies too or the clerk waives surety under the Virginia rules (Va. Code §§ 64.2-1426, 64.2-1411). If the statewide small-estate affidavit route fits, CC-1685 is presented to the asset holder rather than filed at the clerk's office. | Sunset helps evaluate whether qualification is needed, gathers institution information, and can connect the family with a Virginia attorney if surety, travel or institution resistance becomes a problem. |
| Parent settling predeceased child's estate, home must be sold | If the home must be sold through the estate, qualification is usually the practical route. The Isle of Wight Probate Question Form asks about real estate ownership and survivorship, which should be answered before the appointment. After qualification, the commissioner of accounts in Smithfield supervises the inventory within four months (Va. Code § 64.2-1300) and the first account within 16 months (Va. Code § 64.2-1304). | Sunset helps find financial accounts, prepare an attorney-ready asset summary, and keep the estate settlement organized through inventory, sale and closing tasks. |
Self-help resources
| Resource | What it provides | Contact |
|---|---|---|
| Isle of Wight Circuit Court, Virginia Judiciary | Clerk address, phone, fax, hours, judges and court terms. | https://www.vacourts.gov/courts/circuit/isle_of_wight/home |
| Isle of Wight County probate page | Required probate appointment instructions, local description of probate, and the Probate Question Form. | https://www.isleofwight.gov/government/clerk_of_the_circuit_court/probate.php |
| Commissioners of Accounts directory | Current roster for the commissioner of accounts serving Isle of Wight County. | https://www.vacourts.gov/courts/circuit/resources/coa/home |
| Virginia circuit court fiduciary forms | Statewide CC probate and fiduciary forms used in Virginia estates. | https://www.vacourts.gov/forms/circuit/fiduciary |
| Virginia Legal Aid Society, Suffolk office | General civil legal aid for qualifying low-income residents of Isle of Wight County. Its typical services page does not list estate administration, so call before relying on it for a probate issue. | 2480 Pruden Blvd., Suffolk, VA 23434. (757) 539-3441. https://www.vlas.org/locations |
When to hire an attorney
An attorney is worth considering in Isle of Wight County if family members disagree, the will is unclear, a nonresident fiduciary needs surety advice, a house must be sold, creditor issues are likely, or the asset picture is hard to reconstruct. Sunset connects families with a vetted attorney when legal help is the right next step.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help identify accounts, policies and assets that may belong in the Isle of Wight County estate settlement.
Generate the probate packet. Sunset turns the family's information into an organized packet for the clerk appointment, including asset summaries, contact lists and reminders about forms such as the county Probate Question Form and statewide CC forms.
Find a local probate attorney. When the estate needs legal judgment, Sunset can connect the family with a vetted Virginia probate attorney who understands clerk qualification and commissioner of accounts supervision.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, find assets, and get pointed toward the right local next step without paying Sunset a fee.
Frequently asked questions
Where do I file to probate a will in Isle of Wight County?
Use the Clerk of the Circuit Court at 17000 Josiah Parker Circle in Isle of Wight. 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).
Do I need an appointment to probate a will in Isle of Wight County?
Yes. Isle of Wight County states that an appointment is required for all probate, will or estate matters. Call (757) 365-6233 before going to the courthouse.
Does Isle of Wight County have its own probate forms?
Yes. The county publishes a local Probate Question Form to help organize asset information before the appointment. Virginia statewide CC forms still apply, including the Probate Information Form, List of Heirs, Certificate / Letter of Qualification, inventory and account forms.
Does Isle of Wight County charge a local probate tax?
Yes. In addition to the state probate tax of 10 cents per $100 for estates over $15,000 (Va. Code § 58.1-1712), Isle of Wight County imposes the local probate tax equal to one-third of the state tax under Va. Code § 58.1-1718 and County Code § 15-90. The county also imposes a $25 fee for recording a list of heirs or real estate affidavit when the fee in lieu applies.
Can I submit probate papers electronically in Isle of Wight County?
No public electronic process is published for qualifying before the Isle of Wight County clerk. Isle of Wight participates in VJEFS for attorney civil filings, but qualification before the clerk uses the appointment process.
Can I check an Isle of Wight County estate file on the web?
No free public web portal displays Isle of Wight County estate files. OCIS is not a probate or fiduciary file system. For a recorded will or will-book filing, contact the clerk's office.
Where do I send the inventory and accounts after I qualify?
Send them to the commissioner of accounts serving Isle of Wight County, not to the clerk. The inventory is due within four months after qualification (Va. Code § 64.2-1300), and the first account is due within 16 months (Va. Code § 64.2-1304).
Is there free legal help for probate questions in Isle of Wight County?
Virginia Legal Aid Society's Suffolk office serves Isle of Wight County for general civil legal aid. Its published services do not list estate administration as a typical matter, so call first if your question is probate-specific.
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.