Back to Virginia
Mathews County, VA Probate Information
Quick facts
| Item | Mathews County detail |
|---|---|
| Court | Mathews County Circuit Court, Clerk of the Circuit Court |
| Courthouse address | 10622 Buckley Hall Road, Suite A, Mathews, VA 23109 |
| Mailing address | P.O. Box 463, Mathews, VA 23109 |
| Phone | (804) 725-2550 |
| Fax | (804) 725-7456 |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m. Call ahead about probate appointment timing. |
| Opening cost | State probate tax: 10 cents per $100 of value, or fraction of $100, for estates above the $15,000 exemption, unchanged since 2003 (Va. Code § 58.1-1712), plus qualification and recording charges. A county may add a local probate tax equal to one-third of the state tax (Va. Code §§ 58.1-1718, 58.1-3805), so confirm the total with the clerk when you call. |
| Local forms | No Mathews-specific probate packet, checklist or local fee schedule is posted by the clerk. Use the statewide Virginia circuit court fiduciary forms. |
| E-filing status | Mathews County is not listed among VJEFS participating circuit courts. VJEFS is for Virginia State Bar members and their staff, and it is not a public self represented filing system. |
| Case information | No free public online portal shows Mathews County estate files. OCIS does not cover probate. |
| Remote appearance | No current local remote qualification option is posted. Qualifying before the clerk is normally an in-person appointment. |
| Website | Mathews Circuit Court, Virginia Judiciary |
Before you begin — know the assets and liabilities
Before you call the Mathews County clerk, make a working list of the decedent's assets, debts, real estate, heirs, beneficiaries, and whether there is an original will. Virginia qualification depends on what must be collected, transferred, sold, or reported, and the clerk will need enough information to decide which forms and bond questions apply.
Sunset can help with the front end of estate settlement by organizing asset discovery across more than 2,300 institutions, so you are not guessing about accounts before the probate appointment. Bring that information to the clerk's counter and keep it available for the commissioner of accounts after qualification.
Which court handles jurisdiction
Mathews County estates are opened at the Clerk of the Circuit Court's office, 10622 Buckley Hall Road, Suite A, in Mathews. 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). If a Mathews County resident died after moving to a nursing home or similar facility elsewhere, Virginia presumes the prior legal residence continues unless that presumption is rebutted (§ 64.2-443).
Mathews County is part of the Ninth Judicial Circuit (Va. Code § 17.1-506). After qualification, the commissioner of accounts supervises the fiduciary work. The Virginia Judiciary roster lists Brian W. Decker, Assistant Commissioner, at 2614 George Washington Memorial Highway, P.O. Box 388, Gloucester Point, VA 23062, phone (804) 642-6111, and also lists another Mathews County commissioner; use the Judiciary's commissioner directory for the current full listing.
The jurisdiction process
- Gather the original will, death certificate, estimated asset values, debt information, names and addresses of heirs and beneficiaries, and the statewide fiduciary forms that fit the estate.
- Call the Mathews County Clerk of the Circuit Court at (804) 725-2550 before going to 10622 Buckley Hall Road, Suite A, because the court page gives hours but does not state a probate appointment policy.
- At the clerk's counter, offer the will for probate if there is one and qualify, Virginia's word for being appointed and sworn in, as executor or administrator if qualification is needed. The clerk may admit wills and qualify personal representatives (Va. Code § 64.2-444).
- Pay the state probate tax and clerk charges at opening. The state probate tax is 10 cents per $100 of value, or fraction of $100, for estates above the $15,000 exemption, 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, 58.1-3805), so confirm the total with the clerk when you call.
- Receive the certificate of qualification, CC-1625, if you qualify. A non-resident personal representative may qualify, but must file the consent to service of process, CC-1610, and should expect surety questions under Va. Code §§ 64.2-1426 and 64.2-1411.
- Send notice of probate or qualification to the people entitled to notice within 30 days, then record the affidavit of notice in the clerk's office within four months (Va. Code § 64.2-508).
- If a contested issue or appeal is raised, the circuit court handles that dispute. Ordinary uncontested qualification is handled at the clerk's counter, and no current Mathews County source posts a remote qualification option.
- After qualification, work with the commissioner of accounts, not the clerk, on the inventory and accounts. The inventory is returned 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 from qualification (Va. Code § 64.2-1304), unless a valid statement in lieu or other statewide rule applies.
Forms and documents
Probate forms in Mathews County
The Mathews County clerk does not post a county probate packet, checklist or local cover sheet. Use the statewide Virginia circuit court fiduciary forms and call the clerk before the appointment to ask which forms to bring for your facts.
| Form | Use in Mathews County |
|---|---|
| CC-1650, Probate Information Form | Information the clerk uses at the probate or qualification appointment. |
| CC-1651, Probate Tax Return | Used for the state probate tax return when required by Va. Code § 58.1-1714. |
| CC-1610, Consent of Nonresident Fiduciary for Service of Process | Required for a non-resident fiduciary under Va. Code § 64.2-1426. |
| CC-1611, List of Heirs | Filed at qualification, or with the will when nobody qualifies, under Va. Code § 64.2-509. |
| CC-1616, Notice Regarding Estate | Used for the required notice to heirs and beneficiaries under Va. Code § 64.2-508. |
| CC-1617, Affidavit of Notice Regarding Estate | Recorded with the clerk after notice is sent under Va. Code § 64.2-508. |
| CC-1625, Certificate / Letter of Qualification | The authority document issued by the clerk after qualification. |
| CC-1670, Inventory of Decedent's Estate | Returned to the commissioner of accounts, not the clerk, under Va. Code § 64.2-1300. |
| CC-1680, Account for Decedent's Estate | Returned to the commissioner of accounts under Va. Code § 64.2-1304. |
| CC-1685, Small Estate Affidavit | Statewide bank-facing form under Va. Code §§ 64.2-600 through 64.2-605. It is presented to the holder of the asset, not filed with the clerk. |
Recent updates
Scenarios
| Scenario | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start with the Mathews County clerk at 10622 Buckley Hall Road, Suite A. If qualification is needed, the list of heirs, CC-1611, is filed at qualification. Virginia real estate can matter for probate tax even when title passes outside the personal representative's control, because the tax value rule includes Virginia real estate passing by will or intestacy (Va. Code §§ 58.1-1712, 58.1-1713). | Sunset organizes accounts, real estate information, debts, and beneficiary details so the spouse can call the clerk with a clear estate settlement picture. |
| Out-of-state adult child with small estate | Mathews County is not listed for VJEFS, and no remote qualification option is posted. Call (804) 725-2550 before travel. If the statewide small-estate affidavit route applies, CC-1685 is presented to the bank or other holder, not filed with the clerk. If qualification is needed, a non-resident may qualify but signs CC-1610 and should expect surety questions under Va. Code §§ 64.2-1426 and 64.2-1411. | Sunset helps identify whether there are accounts to collect and prepares an organized packet for the clerk or for attorney review before the child travels to Mathews. |
| Parent settling predeceased child's estate, home must be sold | If a home must be sold through the estate, qualification is usually the practical route. After the clerk qualifies the personal representative, the inventory and accounts go to the commissioner of accounts. The Judiciary roster lists Assistant Commissioner Brian W. Decker in nearby Gloucester Point, and the directory should be used for the current Mathews County commissioner listing. | Sunset helps find accounts, assemble real estate and debt information, and connect the parent with a local probate attorney when a sale, creditors, or family questions make estate settlement more complex. |
Self-help resources
| Resource | How it helps |
|---|---|
| Mathews Circuit Court, Virginia Judiciary | Official court page with address, phone, fax, hours, judges and term information. |
| Clerk of Circuit Court, Mathews County government | County department entry for the clerk's office and department directory information. |
| Circuit court fiduciary forms, Virginia Judiciary | Statewide probate and fiduciary forms used in Virginia circuit courts. |
| Commissioners of accounts directory, Virginia Judiciary | Searchable directory for the commissioner of accounts who supervises inventories and accounts after qualification. |
| Virginia Judiciary self-help probate forms | Plain-language index of common probate forms. |
| Legal Aid Society of Eastern Virginia, Williamsburg office | General civil legal aid for financially eligible residents. LASEV lists Mathews County in its service area. The Williamsburg office is at 199 Armistead Ave., Williamsburg, VA 23185, phone (757) 220-6837. Intake is separate, and estate administration may not be within the services offered. |
When to hire an attorney
Consider counsel if the will is contested, heirs disagree, a house must be sold, a non-resident fiduciary needs bond advice, creditors are disputed, or the estate needs tax or litigation help. In those situations, local procedure and commissioner of accounts expectations can matter as much as the statewide forms. When counsel makes sense, Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions and helps organize bank, investment, insurance, retirement, debt, and real estate information before you call the Mathews County clerk.
Generate the probate packet. Sunset turns what you know about the family, will, assets, and debts into a clear estate settlement packet you can review before the clerk appointment or share with an attorney.
Find a local probate attorney. If the estate needs legal help, Sunset can connect you with a vetted Virginia probate attorney who understands qualification, commissioner of accounts practice, and local filing steps.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, track next steps, and understand what to ask the clerk, without paying Sunset for access.
Frequently asked questions
Where do I file to probate a will in Mathews County?
File at the Clerk of the Circuit Court's office, 10622 Buckley Hall Road, Suite A, Mathews, VA 23109. The mailing address is P.O. Box 463, Mathews, VA 23109. Call (804) 725-2550 before going.
Do I have to go before a judge to be appointed in Mathews County?
No. In an uncontested Virginia estate, you qualify before the Clerk of the Circuit Court. The clerk may admit the will and qualify the personal representative (Va. Code § 64.2-444). A circuit court judge becomes involved only if a dispute, appeal, or other court matter requires it.
Does the Mathews County clerk have local probate forms?
The clerk does not post a Mathews-specific probate packet, checklist or local cover sheet. Use the statewide Virginia circuit court fiduciary forms and ask the clerk which forms to bring for your facts.
Can I e-file probate papers in Mathews County?
No public self represented probate filing system is posted for Mathews County. Mathews County is not listed among VJEFS participating circuit courts, and VJEFS is for Virginia State Bar members and their staff.
Can I check a Mathews County estate file on the web?
No free public portal shows Mathews County estate files. OCIS does not cover probate. For a recorded will, list of heirs, or probate order, contact the Mathews County clerk's office.
What will it cost to probate a will in Mathews County?
The state probate tax is 10 cents per $100 of value, or fraction of $100, for estates above the $15,000 exemption, unchanged since 2003 (Va. Code § 58.1-1712), plus qualification and recording charges. A county may add a local probate tax equal to one-third of the state tax (Va. Code §§ 58.1-1718, 58.1-3805), so confirm the total with the clerk when you call.
Do I have to come to Mathews in person?
No current Mathews County source posts a remote qualification option. Because qualification is normally handled in person at the clerk's counter, call (804) 725-2550 before making travel plans.
Where do I send the inventory and accounts after I qualify?
After qualification, the commissioner of accounts supervises the inventory and accounts. The inventory is returned to the commissioner of accounts within four months after the order conferring authority (Va. Code § 64.2-1300). 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.