Back to Virginia
James City County, VA Probate Information
Quick facts
| Item | James City County probate information |
|---|---|
| Court and office | Williamsburg/James City County Circuit Court, Probate Office of the Clerk of the Circuit Court |
| Courthouse address | Williamsburg-James City County Courthouse, 5201 Monticello Avenue, Suite 6, Williamsburg, VA 23188 |
| Mailing address | No separate probate mailing address is published. Use 5201 Monticello Avenue, Suite 6, Williamsburg, VA 23188. |
| Probate phone | (757) 564-2379 |
| General clerk phone | (757) 564-2242 |
| Fax | (757) 564-2329 |
| [email protected] | |
| Hours | Monday through Friday, 8:30 a.m. to 4:00 p.m. The record room closes to the public at 4:00 p.m. |
| Appointment rule | Appointment required. The clerk asks for copies of the will, death certificate, completed Probate Packet, land assessment or tax bill and list of heirs before setting the appointment. Appointments may take two to four weeks to schedule. |
| Costs at qualification | James City County does not add the optional local probate tax permitted by Va. Code § 58.1-1718. The Commonwealth probate tax still applies at 10 cents per $100 of estate value, with no probate tax for estates of $15,000 or less, unchanged since 2003 (Va. Code § 58.1-1712). The clerk also collects the statutory qualification fee and recording charge and calculates the total at the appointment. |
| Local forms | Yes. The clerk publishes a local Probate Packet and requires it before an appointment is set. |
| Electronic opening of an estate | Not available. Qualification is an in-person appointment with the clerk. |
| Estate file access | No free public website displays a James City County estate file. Recorded wills are viewed in the clerk's record room or through the clerk's paid Secure Remote Records subscription. |
| Commissioner of accounts | A private attorney appointed for the Ninth Judicial Circuit receives inventories and accounts. The office is on Courthouse Street in Williamsburg, not at the courthouse counter. Use the Virginia Judiciary's Commissioners of Accounts directory for current contact details. |
| Remote appearance | No published remote qualification practice. A reader who cannot travel should call the Probate Office before making plans. |
| Website | Wills and Probate, clerk's office |
Before you begin — know the assets and liabilities
Before you call the James City County Probate Office, make a working list of the decedent's assets, debts, Virginia real estate, jointly held property and beneficiary-designated accounts. The clerk's packet asks for values of solely owned personal property and Virginia real estate, and the local appointment process moves faster when those numbers are organized before the office sets a date.
Estate settlement also depends on finding assets the family may not see in the checkbook. Sunset's asset discovery searches more than 2,300 institutions, then helps organize what belongs in the James City County Probate Packet and what may pass outside qualification.
Which court handles jurisdiction
James City County estates are opened at the Williamsburg-James City County Courthouse, 5201 Monticello Avenue, Suite 6, Williamsburg, VA 23188, at the Probate Office of the Clerk of the Circuit Court. One clerk's office serves both James City County and the City of Williamsburg, but the City of Williamsburg is an independent city and is not part of James City County. A James City County decedent's estate remains a James City County matter.
The county materials name communities including Lightfoot, Norge, Toano, Grove, Jamestown, Jamestown Island and Kingsmill. Charles City County, York County, the City of Poquoson and the other Ninth Judicial Circuit jurisdictions use their own clerks' counters.
Virginia venue starts in 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 had become a patient in a nursing home, convalescent home or similar institution, Virginia presumes the residence stayed where the person lived before becoming a patient unless that presumption is rebutted.
The jurisdiction process
- Decide whether qualification is needed. In Virginia, qualification means being appointed and sworn as the personal representative. If assets pass by survivorship, beneficiary designation or another non-qualification route, the clerk may not need to appoint anyone. If there is a will, it may still need to be presented to the clerk.
- Complete the James City County Probate Packet. The local packet includes the clerk's intake instructions, an assets worksheet and statewide forms such as CC-1650, CC-1651 and CC-1611.
- Send the Probate Office the documents it asks for before scheduling. The clerk asks for copies of the will and codicils, the death certificate, the completed Probate Packet, the most recent assessment or tax bill for Virginia real estate and the list of heirs before an appointment is set.
- Call or email the Probate Office for an appointment. Use (757) 564-2379 or [email protected]. The clerk publishes that appointments may take two to four weeks to schedule.
- Attend the appointment in person. Bring the original will and codicils if there are any, a certified death certificate, photo identification, asset values, heir information and payment. The clerk keeps the original will.
- Handle bond and nonresident requirements at the appointment. The probate clerk sets the bond amount. If surety is required, the clerk expects the bondsperson to be present. A nonresident personal representative must file the written consent to service of process required by Va. Code § 64.2-1426 and should arrange the Virginia resident and bond issues before traveling.
- Pay the costs the clerk calculates. James City County does not add the optional local probate tax permitted by Va. Code § 58.1-1718. The Commonwealth probate tax still applies at 10 cents per $100 of estate value, with no probate tax for estates of $15,000 or less, unchanged since 2003 (Va. Code § 58.1-1712). The clerk also collects the statutory qualification fee and recording charge and calculates the total at the appointment.
- Receive the certificate of qualification. The certificate of qualification, CC-1625, is the document banks and other institutions use to recognize the personal representative's authority.
- Send the notice of probate and record the affidavit of notice when required. Virginia requires notice to the people entitled to notice within 30 days after qualification or admission of the will, and the affidavit of notice is recorded in the clerk's office within four months (Va. Code § 64.2-508).
- Work with the commissioner of accounts. The inventory goes to the commissioner of accounts within four months after the order conferring authority (Va. Code § 64.2-1300), and the first account is due within 16 months of qualification for the first 12-month accounting period (Va. Code § 64.2-1304). The commissioner is a private attorney's office in Williamsburg, not the clerk's counter.
- Administer and close the estate. Pay valid expenses and debts in the proper order, distribute assets only when it is safe to do so, and complete the final account or other permitted closing document with the commissioner of accounts. This is the part of estate settlement where organized records matter most.
Forms and documents
Probate forms in James City County
James City County has a real local form layer. The Clerk of the Circuit Court publishes a Probate Packet and asks you to complete it and submit it, with the required supporting documents, before an appointment is scheduled.
| Form or packet | How it is used in James City County |
|---|---|
| James City County Probate Packet | The local packet used to start the appointment process. It includes clerk instructions, an administrator oath page, an assets worksheet and selected statewide forms. |
| CC-1650, Probate Information Form | Statewide intake form the clerk uses at the probate appointment. |
| CC-1651, Probate Tax Return | Used when the estate value requires the Commonwealth probate tax return under Va. Code § 58.1-1714. |
| CC-1611, List of Heirs | Filed at qualification or when a will is presented and no one qualifies (Va. Code § 64.2-509). |
| CC-1610, Consent of Nonresident Fiduciary for Service of Process | Used when a nonresident personal representative qualifies (Va. Code § 64.2-1426). |
| CC-1625, Certificate / Letter of Qualification | The certificate of qualification the clerk issues after qualification. |
| CC-1670, Inventory of Decedent's Estate | Sent to the commissioner of accounts, not the clerk, within four months after the order conferring authority (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-1685, Small Estate Affidavit | Used with the asset holder, not filed with the clerk. The statewide small-estate affidavit applies when the entire personal probate estate fits the $75,000 ceiling under Va. Code §§ 64.2-600 through 64.2-601, effective July 1, 2025. |
| CC-1686 and CC-1687 | Statewide forms for the optional creditor-notice process under Va. Code § 64.2-508.1. |
Fees
James City County does not add the optional local probate tax permitted by Va. Code § 58.1-1718. The Commonwealth probate tax still applies at 10 cents per $100 of estate value, with no probate tax for estates of $15,000 or less, unchanged since 2003 (Va. Code § 58.1-1712).
The clerk also collects the statutory qualification fee and recording charge, and the office calculates the total at the appointment. Fees and taxes are due upon qualification. The clerk accepts in-person payment by cash, certified check, money order, credit card and Apple Pay, and notes that card payments carry a card charge.
The clerk's published copy and certification charges follow the statewide copy and seal statutes, but those are separate from opening an estate. Do not treat the probate tax as a filing charge. It is the Commonwealth tax on the value used for probate or administration.
Timeline
- Before an appointment is set, complete the Probate Packet and send the Probate Office the copies it asks for, including the will if there is one, the death certificate, the land assessment or tax bill and the list of heirs.
- Scheduling may take two to four weeks. The clerk publishes that probate is by appointment only and that appointments may take two to four weeks to schedule.
- The appointment is usually short when the paperwork is complete. The clerk publishes that the probate process takes about 15 minutes if the paperwork is completed correctly, no changes are made at the appointment and no surety bond is required.
- After qualification or admission of the will, send the required notice of probate within 30 days and record the affidavit of notice within four months when required (Va. Code § 64.2-508).
- After authority is granted, send the inventory to the commissioner of accounts within four months after the order conferring authority (Va. Code § 64.2-1300).
- Send the first account to the commissioner of accounts within 16 months of qualification, covering the first 12 months (Va. Code § 64.2-1304).
Local nuance
James City County-specific considerations
| Local point | What it means for estate settlement |
|---|---|
| One clerk, two jurisdictions | The Williamsburg/James City County Circuit Court clerk serves both James City County and the City of Williamsburg. The city is still an independent city, so keep the decedent's residence and venue separate. |
| Documents before dates | The clerk asks for copies of the will, death certificate, completed Probate Packet, land assessment or tax bill and list of heirs before an appointment is set. |
| Appointment only | Probate appointments may take two to four weeks to schedule. The executor named in the will is expected to be present and to be the one who calls for information. |
| No local probate tax | James City County does not add the optional local probate tax permitted by Va. Code § 58.1-1718. The Commonwealth probate tax still applies at 10 cents per $100 of estate value, with no probate tax for estates of $15,000 or less, unchanged since 2003 (Va. Code § 58.1-1712). |
| Bond is set at the counter | The probate clerk sets the bond amount during the appointment. If surety is required, the clerk expects a bondsperson to be present. |
| Commissioner of accounts is off-site | Inventories and accounts go to the commissioner of accounts, a private attorney's office on Courthouse Street in Williamsburg, not back to the clerk's probate counter. |
| No free public estate portal | The clerk's free public documents site displays only marriage licenses 100 years and older. Recorded wills are handled through the record room or the paid Secure Remote Records subscription. |
Recent updates
| Date | Local update |
|---|---|
| November 1, 2022 | The clerk's office stopped accepting filings through the Virginia Judiciary eFiling System and directs attorneys' civil and criminal electronic filings to the statewide eFileVA service. Probate and qualification remain in-person appointment work with the clerk. |
Scenarios
| Situation | Likely James City County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | If the home and accounts pass by survivorship or beneficiary designation, qualification may not be needed for those assets. If solely owned assets remain, complete the Probate Packet, send the required documents to the Probate Office and schedule the appointment. | Sunset helps separate probate assets from non-probate transfers, collect account information and organize the estate settlement checklist before the spouse calls the clerk. |
| Out-of-state adult child with small estate | If the statewide small-estate affidavit route fits, CC-1685 goes to the asset holder and is not filed with the clerk. The $75,000 ceiling applies to the entire personal probate estate under Va. Code §§ 64.2-600 through 64.2-601, effective July 1, 2025. If qualification is needed, call before booking travel because the clerk requires documents before setting an appointment and expects the nonresident fiduciary to arrange the Virginia resident and bond issues. | Sunset helps identify accounts, prepare a travel-ready task list, gather documents for the Probate Packet and connect the family with a Virginia probate attorney if the bond or resident-agent issue is complicated. |
| Parent settling predeceased child's estate, home must be sold | If a personal representative needs authority to sell the house, qualification is usually the practical path. The clerk asks for the most recent assessment or tax bill for every Virginia property. If there is no will and the house is the only probate asset, the list of heirs and real estate affidavit route may be recorded with the clerk under Va. Code §§ 64.2-509 and 64.2-510. | Sunset helps build the asset list, flag real estate documents, coordinate the Probate Packet and find a local probate attorney when a sale, creditor issue or court approval question needs legal advice. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Wills and Probate, Williamsburg-James City County Circuit Court Clerk | The clerk's probate page explains appointment-only scheduling, the two to four week appointment window, what to bring, bond practice, resident-agent practice and the Probate Packet. | Probate Office, (757) 564-2379, [email protected], 5201 Monticello Avenue, Suite 6, Williamsburg, VA 23188. |
| James City County Probate Packet | The local packet the clerk asks you to complete and submit before an appointment is scheduled. | Use with the Probate Office instructions. |
| Williamsburg/James City County Circuit Court, Virginia Judiciary page | Lists the court address, Suite 6, clerk hours, 4:00 p.m. recordation cutoff, probate phone and fax. | 5201 Monticello Avenue, Suite 6, Williamsburg, VA 23188. |
| Commissioners of Accounts directory | Finds the commissioner of accounts who receives and reviews inventories and accounts after qualification. | Search by jurisdiction on the Virginia Judiciary site. |
| Virginia circuit court forms | Statewide CC forms for probate information, probate tax return, list of heirs, notice, inventory, account, statement in lieu, small estate affidavit and creditor-notice forms. | Virginia Judiciary forms index. |
| Virginia Judiciary self-help probate forms | Plain-language index to probate forms. It does not give James City County appointment instructions. | Virginia Judiciary self-help site. |
| Williamsburg-James City County Historical Records | The clerk's free public documents site. It displays only marriage licenses 100 years and older and directs the public to the record room for in-person viewing. | Record room hours are 8:30 a.m. to 4:00 p.m. |
| Legal Aid Society of Eastern Virginia | General civil legal aid for eligible low-income residents. Its published estate work is estate planning documents, not decedent estate administration, so ask about scope at intake. | Central intake (757) 827-5078. Williamsburg office walk-in hours are Monday through Thursday, 9:00 a.m. to 5:00 p.m., and Friday, 9:00 a.m. to noon. |
When to hire an attorney
Consider a Virginia probate attorney if the estate includes a house that must be sold, a disputed creditor claim, a nonresident personal representative, a surety bond problem, missing heirs, an unsigned or unwitnessed will issue, or questions from the commissioner of accounts about an inventory or account. The James City County clerk gives procedural information, but legal interpretation belongs to a lawyer licensed in Virginia. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 institutions to help identify accounts, insurance, retirement assets and other property that may affect the James City County probate path.
Generate the probate packet. Sunset organizes the information families need for estate settlement, including asset lists, contact details, documents for the local Probate Packet and questions to ask before the appointment.
Find a local probate attorney. When a sale, bond, nonresident fiduciary issue, creditor dispute or commissioner of accounts question needs legal advice, Sunset helps connect the family with a Virginia probate attorney.
Sunset is free for families. Families can use Sunset to understand next steps, organize tasks and move through estate settlement without paying Sunset a fee.
Frequently asked questions
Where do I file probate for a James City County resident?
Use the Probate Office of the Clerk of the Circuit Court at the Williamsburg-James City County Courthouse, 5201 Monticello Avenue, Suite 6, Williamsburg, VA 23188. 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 James City County?
Yes. Probate is by appointment only. The clerk asks you to submit copies of the will, death certificate, completed Probate Packet, land assessment or tax bill and list of heirs before the office sets an appointment.
How long does it take to get a probate appointment in James City County?
The clerk publishes that appointments may take two to four weeks to schedule. The appointment itself is usually about 15 minutes when the paperwork is correct, no changes are made at the appointment and no surety bond is required.
What should I bring to the James City County probate appointment?
Bring the original will and codicils if there are any, a certified death certificate, photo identification, values for solely owned personal property and Virginia real estate, heir names and addresses, and payment. If the will is not self-proving, witnesses or witness depositions may be needed. If surety is required, the clerk expects the bondsperson to be present.
Does James City County charge a local probate tax?
James City County does not add the optional local probate tax permitted by Va. Code § 58.1-1718. The Commonwealth probate tax still applies at 10 cents per $100 of estate value, with no probate tax for estates of $15,000 or less, unchanged since 2003 (Va. Code § 58.1-1712).
Are there local probate forms in James City County?
Yes. The clerk publishes a local Probate Packet and asks families to complete and submit it before an appointment is scheduled. Statewide CC forms are also used, including CC-1650, CC-1651, CC-1611, CC-1625, CC-1670 and CC-1680.
Can I open a James City County estate electronically?
No. Qualification is an in-person appointment with the clerk's Probate Office. The clerk's electronic filing information is for attorneys' civil and criminal filings through the Commonwealth's e-filing service, not for opening an estate.
Can I view a James City County estate file on a public website?
No free public website displays a James City County estate file. The clerk's free public documents site displays only marriage licenses 100 years and older. Recorded wills may be viewed in the clerk's record room, or through the clerk's paid Secure Remote Records subscription.
Do the inventory and accounts go back to the James City County clerk?
No. After qualification, the inventory and accounts go to the commissioner of accounts, a court-appointed private attorney's office in Williamsburg. The inventory is due within four months after the order conferring authority (Va. Code § 64.2-1300), and the first account is due within 16 months of qualification (Va. Code § 64.2-1304).
Can I serve as executor from out of state in James City County?
Yes, but plan ahead. Virginia allows a nonresident personal representative to qualify, with written consent to service of process filed with the clerk (Va. Code § 64.2-1426). This clerk's instructions ask the nonresident applicant to arrange a Virginia resident to co-qualify or serve as registered agent, in person or by notarized consent, and to arrange a bondsperson unless a Virginia resident qualifies with them.
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.