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City of Martinsville, VA Probate Information
Quick facts
| Item | Local information |
|---|---|
| Court | City of Martinsville Circuit Court, Clerk of the Circuit Court |
| Courthouse address | 55 W. Church Street, Room 205, Martinsville, VA 24114 |
| Mailing address | P.O. Box 1206, Martinsville, VA 24114-1206 |
| Phone | (276) 403-5106 |
| Fax | (276) 403-5232 |
| Hours | Monday through Friday, 9:00 a.m. to 5:00 p.m. No lunch closure or probate-intake cutoff is published on the clerk pages. |
| Probate tax and clerk fees | The state probate tax is imposed under Va. Code § 58.1-1712 at 10 cents per $100, with the $15,000 or less estate exemption in Va. Code § 58.1-1712, figures unchanged since 2003. A city may add a local probate tax under Va. Code § 58.1-1718; ask the clerk for the current total when you call. |
| Local forms | No City of Martinsville probate packet, checklist, or cover sheet is published. Use the statewide Virginia CC-series forms. |
| Electronic filing | Virginia's attorney system is for many civil filings by Virginia State Bar members and staff. Probate qualification for a self-represented family is handled through the clerk's office. |
| Case information | The City links the Circuit Court Case Information portal for civil and criminal case information. Probate and fiduciary estate records are not covered by that portal; recorded documents may be reviewed through the clerk's records room. |
| Remote appearance | No Martinsville-specific remote qualification practice is published. Qualifying before the clerk is normally an in-person clerk appearance; remote civil hearings are discretionary under Va. Code § 17.1-513.2. |
| Commissioner of accounts | John P. Hance, 23 West Church Street, P.O. Box 1068, Martinsville, VA 24114, phone (276) 632-3363, fax (276) 632-3564. The same commissioner of accounts serves the City of Martinsville and Henry County, but the clerk offices are separate. |
| Website | Virginia Judiciary page for the City of Martinsville Circuit Court and the City of Martinsville Circuit Court page |
Before you begin — know the assets and liabilities
Before you call the clerk, make a first pass at the assets and liabilities. The clerk needs enough information to decide whether a will should be admitted, whether someone needs to qualify as personal representative, and what probate tax and statutory clerk charges apply.
For estate settlement, Sunset can help you identify accounts before you choose a path. Sunset's asset discovery searches across more than 2,300 financial institutions, which can make the Martinsville clerk appointment and the later commissioner of accounts filings more complete.
Which court handles jurisdiction
The City of Martinsville Circuit Court serves probate matters for decedents whose Virginia venue belongs in the City of Martinsville. Virginia venue generally starts 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).
The City of Martinsville has its own Clerk of the Circuit Court at 55 W. Church Street, Room 205. Do not use the Henry County clerk counter for a City of Martinsville estate unless the clerk specifically directs you there for a different filing.
The jurisdiction process
- Gather the original will, death certificate, names and addresses of heirs and beneficiaries, asset information, debts, and any documents showing who is entitled to serve.
- Call the City of Martinsville Clerk of the Circuit Court at (276) 403-5106 before you go to 55 W. Church Street, Room 205, to ask what the clerk wants you to bring and whether the clerk is using appointments for probate matters.
- Prepare the statewide Virginia forms that fit the estate, commonly CC-1650 for probate information, CC-1651 if a probate tax return is required under Va. Code § 58.1-1714, CC-1611 for the list of heirs, and CC-1610 if a nonresident fiduciary will qualify.
- Appear before the clerk to offer the will, if there is one, and to qualify as personal representative if qualification is needed. In Virginia, qualification means being appointed and sworn in by the clerk, who may admit wills and qualify executors or administrators (Va. Code § 64.2-444).
- Pay the state probate tax under Va. Code § 58.1-1712, any local probate tax if imposed under Va. Code § 58.1-1718, and the statutory clerk charges that apply to recording, qualification, and certified copies.
- After qualification or admission of the will, send the required notice to the people entitled to notice within 30 days and record the notice affidavit within four months as required by Va. Code § 64.2-508.
- If a dispute develops, ask the clerk how the matter reaches the circuit court judge. A judge is not part of the ordinary opening appointment, but contests and appeals can be heard by the court under Va. Code §§ 64.2-445, 64.2-446, and 64.2-448.
- Get certified copies of the certificate of qualification, CC-1625, so banks and other institutions can recognize your authority as personal representative.
- Work with the commissioner of accounts at the Martinsville office for fiduciary supervision. The inventory is returned to the commissioner of accounts, and the first account is due within 16 months under Va. Code § 64.2-1304.
- Close the estate through the commissioner of accounts when debts, distributions, and required filings are complete. This is the estate settlement stage where the commissioner settles the final account or statement in lieu, when available.
Forms and documents
Probate forms in the City of Martinsville
The City of Martinsville does not publish a local probate packet, checklist, or cover sheet. Use the statewide Circuit Court CC-series forms and ask the clerk which forms are needed for the facts of the estate.
| Form | Purpose |
|---|---|
| CC-1650 | Probate Information Form for the clerk appointment. |
| CC-1651 | Probate Tax Return when required under Va. Code § 58.1-1714. |
| CC-1611 | List of Heirs, filed at qualification or when a will is presented and no one qualifies. |
| CC-1610 | Consent of Nonresident Fiduciary for Service of Process, used when a nonresident personal representative qualifies under Va. Code § 64.2-1426. |
| CC-1625 | Certificate / Letter of Qualification, the authority document the clerk issues under Va. Code § 64.2-506. |
| CC-1670 | Inventory of Decedent's Estate, returned to the commissioner of accounts under Va. Code § 64.2-1300. |
| CC-1680 | Account for Decedent's Estate, used for the personal representative's accounting under Va. Code § 64.2-1304. |
| CC-1685 | Small Estate Affidavit for the statewide small asset process under Va. Code §§ 64.2-600 and 64.2-601, with the $75,000 ceiling effective July 1, 2025. This form is presented to the asset holder, not filed with the clerk. |
| CC-1686 and CC-1687 | Optional notice to creditors and affidavit of notice to creditors under Va. Code § 64.2-508.1. |
Local nuance
City of Martinsville-specific considerations
| Local point | What it means |
|---|---|
| Separate clerk from Henry County | The City of Martinsville has its own Clerk of the Circuit Court at 55 W. Church Street, Room 205. Henry County has a different clerk office at a different courthouse address, so a City of Martinsville estate should start with the City clerk. |
| Shared commissioner of accounts | The same commissioner of accounts attorney serves both the City of Martinsville and Henry County. That shared commissioner does not make the clerk offices shared. |
| Records access | The City page links a civil and criminal Circuit Court Case Information portal. For recorded probate documents, use the clerk's records room rather than expecting a public estate portal. |
Recent updates
Scenarios
| Scenario | Likely Martinsville path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by identifying how the home is titled and whether there are probate assets in the decedent's name alone. If no personal representative needs to qualify, the clerk may still need a will, list of heirs, or real-estate related recording depending on the facts. | Sunset helps organize the asset list, locate financial accounts, and generate a probate packet for the City of Martinsville clerk appointment if qualification is needed. |
| Out-of-state adult child with small estate | If qualification is not needed, the statewide small asset process may allow collection without becoming personal representative. If the child does qualify, a nonresident fiduciary signs CC-1610 and should expect the clerk to address bond and surety under Va. Code §§ 64.2-1426 and 64.2-1411. | Sunset helps compare the asset list to the statewide options, prepare the forms, and connect the family with a Virginia probate attorney when nonresident service or bond questions need legal advice. |
| Parent settling predeceased child's estate, home must be sold | If the home must be sold through the estate, call the City of Martinsville clerk before going to Room 205. Qualification may be needed so a personal representative can sign sale documents, and the commissioner of accounts will supervise inventory and accounting after qualification. | Sunset helps turn account discovery, debts, real estate details, and family information into an estate settlement plan and can connect the parent with a vetted local probate attorney. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| City of Martinsville Circuit Court, Clerk of the Circuit Court | Local filing counter for wills, qualification, certificates of qualification, and will-book records. | 55 W. Church Street, Room 205, Martinsville, VA 24114. Phone (276) 403-5106. |
| City of Martinsville Circuit Court page | City page with clerk information, records room information, and link to Circuit Court Case Information for civil and criminal matters. | martinsville-va.gov/290/Circuit-Court |
| Commissioner of accounts for the City of Martinsville | Supervises fiduciary inventories and accounts after qualification. | 23 West Church Street, P.O. Box 1068, Martinsville, VA 24114. Phone (276) 632-3363. |
| Virginia Judiciary commissioners of accounts directory | Statewide directory for commissioner contact information and commissioner resources. | vacourts.gov/courts/circuit/resources/coa/home |
| Virginia Judiciary forms | Statewide Circuit Court forms, including probate, list of heirs, inventory, account, small estate affidavit, and creditor notice forms. | vacourts.gov/forms/home and selfhelp.vacourts.gov/page/37/probate-forms |
| Virginia Legal Aid Society | General civil legal aid for eligible residents. Its practice-area list does not name estate administration as a listed service. | Danville office, 519 Main Street, Danville, VA 24541, (434) 799-3550. Martinsville appointments through Grace Network, 16 Liberty St. Extension, Martinsville, VA 24112, also (434) 799-3550. |
When to hire an attorney
A probate attorney is especially useful in the City of Martinsville when family members disagree, a home must be sold, a nonresident fiduciary needs surety advice, creditors are disputed, or the estate needs court guidance after the clerk appointment. Sunset connects families to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions to help families build a clearer asset picture before calling the City of Martinsville clerk or the commissioner of accounts.
Generate the probate packet. Sunset turns the information you provide into organized Virginia forms and filing instructions for the City of Martinsville, so the clerk appointment starts with fewer unknowns.
Find a local probate attorney. If the estate needs legal advice, a sale of real estate, help with a dispute, or nonresident fiduciary guidance, Sunset can connect you with a vetted Virginia probate attorney.
Sunset is free for families. Sunset helps families move through estate settlement with asset discovery, form preparation, and attorney connections without charging families to get started.
Frequently asked questions
Where do I file probate papers for the City of Martinsville?
Use the Clerk of the Circuit Court for the City of Martinsville at 55 W. Church Street, Room 205, Martinsville, VA 24114. Call (276) 403-5106 before you go to ask what the clerk wants you to bring.
Is the City of Martinsville clerk the same as Henry County's clerk?
No. The City of Martinsville has its own Clerk of the Circuit Court. Henry County has a separate clerk office, even though both offices are in the Martinsville area. The same commissioner of accounts serves both jurisdictions after qualification, but that does not make the clerk offices shared.
Can I submit a Martinsville probate qualification through a public electronic filing system?
No public self-service electronic qualification process is published for the City of Martinsville. Virginia's judiciary attorney filing system is for many civil filings by Virginia State Bar members and staff, while qualification is handled through the Clerk of the Circuit Court.
Does the City of Martinsville have local probate forms?
No City of Martinsville probate packet, checklist, or cover sheet is published. Use the statewide Virginia CC-series forms, including CC-1650, CC-1611, CC-1625, CC-1670, and CC-1680 when those forms fit the estate.
How much does probate cost in the City of Martinsville?
The state probate tax is imposed under Va. Code § 58.1-1712 at 10 cents per $100, with the $15,000 or less estate exemption in Va. Code § 58.1-1712, figures unchanged since 2003. A city may impose a local probate tax under Va. Code § 58.1-1718, so ask the Martinsville clerk for the current total before your appointment.
Can I view a City of Martinsville estate file through the case information link?
The City's Circuit Court Case Information link covers civil and criminal case information, not probate or fiduciary estate files. For recorded wills, lists of heirs, and related will-book documents, contact the clerk's records room.
Will a judge be involved when I open the estate in Martinsville?
Usually no. In Virginia, the clerk may admit the will and qualify the personal representative in the same manner and with like effect as the circuit court (Va. Code § 64.2-444). A judge becomes involved when there is a contest, appeal, or other court matter.
Do I have to travel to Martinsville if I live out of state?
Call the clerk first, because no Martinsville-specific remote or mail qualification practice is published. A nonresident can serve as personal representative, but must file written consent to service of process and may need to address surety unless a Virginia resident qualifies too or the clerk waives surety under the applicable statute (Va. Code §§ 64.2-1426 and 64.2-1411).
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.