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Middlesex County, VA Probate Information
Quick facts
| Item | Local detail |
|---|---|
| Court | Middlesex Circuit Court, Clerk of the Circuit Court |
| Courthouse address | 73 Bowden Street, Saluda, VA 23149 |
| Mailing address | P.O. Box 158, Saluda, VA 23149 |
| Probate phone | (804) 758-5317. The county probate page directs families to this number to make the required appointment. |
| Fax | (804) 758-8637 |
| Hours | 8:00 a.m. to 4:00 p.m. as published by the Virginia Judiciary. Call before traveling because no lunch closure, holiday schedule or payment-method schedule is published on the Middlesex probate page. |
| Probate tax and clerk charges | The state probate tax is 10 cents per $100 of value, with estates of $15,000 or less exempt, under Va. Code § 58.1-1712, unchanged since July 1, 2003. The county page states the same rate as $1.00 per $1,000. Qualification and recording charges follow Va. Code § 17.1-275. Ask the clerk whether a local probate tax under Va. Code §§ 58.1-1718 and 58.1-3805 applies in Middlesex County. |
| Local forms | No Middlesex-specific probate packet, checklist or cover sheet is published. Use the statewide Virginia circuit court fiduciary forms. |
| E-filing status | Middlesex participates in VJEFS for attorney civil filings. VJEFS is for Virginia State Bar members and their staff, and it is not the way to qualify before the clerk. |
| Case access | No free public website shows Middlesex County estate files. OCIS does not include probate or fiduciary records. |
| Remote appearance | No remote qualification option is published for Middlesex County. Qualification is normally an in-person appointment with the clerk. |
| Websites | Middlesex Circuit Court and Middlesex County probate page |
Before you begin — know the assets and liabilities
Before you call the Saluda clerk's office, make a working list of the decedent's assets, debts, real estate, heirs and beneficiaries. That list tells you whether you are only lodging a will, qualifying as personal representative, using a statewide small-estate tool, or preparing for a full estate settlement supervised by the commissioner of accounts.
Sunset can help organize the asset side first. Its 2,300-institution asset discovery can identify accounts that may need a certificate of qualification, a beneficiary claim, or a non-court transfer before you spend time at the clerk's counter.
Which court handles jurisdiction
Middlesex County estates are handled at the Clerk of the Circuit Court's office at 73 Bowden Street in Saluda. Middlesex County has its own clerk's office and does not share a clerk's counter with another jurisdiction.
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 lived, with special treatment for a nursing-home or similar placement (Va. Code § 64.2-443). For a Middlesex County resident, the local counter is the Saluda clerk's office.
Middlesex County is in the Ninth Judicial Circuit with the Cities of Poquoson and Williamsburg and the Counties of Charles City, Gloucester, James City, King and Queen, King William, Mathews, New Kent and York (Va. Code § 17.1-506). That shared circuit does not change the local filing counter for a Middlesex County estate.
The jurisdiction process
- Call the Clerk of the Circuit Court at (804) 758-5317 to make the required probate or qualification appointment. The county page says to bring the original will if there is one, an official death certificate, and the names, addresses and ages of the heirs at law.
- Before the appointment, decide what you are asking the clerk to do: admit the will to probate, qualify you as executor or administrator, or both. Qualification is Virginia's word for being appointed and sworn in as personal representative.
- Use the statewide Virginia circuit court fiduciary forms rather than a Middlesex-specific packet. Common starting forms include the Probate Information Form, the Probate Tax Return when required, the List of Heirs, and any nonresident fiduciary consent if an out-of-state personal representative is qualifying.
- Attend the appointment at 73 Bowden Street in Saluda. The clerk or deputy clerk may admit the will to probate and qualify the personal representative without a judge (Va. Code § 64.2-444).
- Pay the state probate tax and clerk charges that apply. The state probate tax is 10 cents per $100 of value, with estates of $15,000 or less exempt, under Va. Code § 58.1-1712, unchanged since July 1, 2003. Ask during the appointment whether Middlesex County adds any local probate tax authorized by Va. Code §§ 58.1-1718 and 58.1-3805.
- After qualification, get certified copies of the certificate of qualification, CC-1625. Banks and transfer agents use that certificate to recognize your authority as personal representative (Va. Code § 64.2-506).
- Send the required notice regarding estate to the people entitled to notice within 30 days, then record the affidavit of notice with the clerk within four months (Va. Code § 64.2-508).
- Work with the Middlesex commissioner of accounts after qualification. The commissioner is a private attorney appointed by the circuit court's judges, not the clerk, and supervises fiduciaries under Va. Code § 64.2-1200. For Middlesex matters, the commissioner of accounts' office is in Saluda.
- Send the inventory to the commissioner of accounts within four months after the order giving you authority, then send the first account within 16 months from qualification, covering the first 12 months, under Va. Code §§ 64.2-1300 and 64.2-1304. The commissioner settles the accounts as the estate settlement moves toward closing.
Forms and documents
Probate forms in Middlesex County
Middlesex County does not publish a local probate packet, checklist or cover sheet. The county's probate page tells families what to bring to the appointment and points them to the statewide Virginia circuit court fiduciary forms.
| Form or resource | Use in Middlesex County |
|---|---|
| Virginia circuit court fiduciary forms | Use the statewide form set for probate, qualification, notices, inventories and accounts. |
| Probate Information Form, CC-1650 | Organizes the information the clerk needs at the appointment. |
| List of Heirs, CC-1611 | Filed at qualification or when a will is presented and no personal representative qualifies (Va. Code § 64.2-509). |
| Certificate / Letter of Qualification, CC-1625 | The certified authority document issued after qualification. |
| Inventory of Decedent's Estate, CC-1670 | Sent to the commissioner of accounts after qualification. |
| Account for Decedent's Estate, CC-1680 | Used for the personal representative's accounting to the commissioner. |
| Small Estate Affidavit, CC-1685 | Presented to the bank or other holder when the statewide small-estate rules fit. It is not filed with the Saluda clerk. |
Recent updates
Scenarios
| Scenario | Likely Middlesex County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Call (804) 758-5317 for the required Saluda appointment if a will must be admitted or a personal representative must qualify. Bring the original will, death certificate, and heir information. If the home was jointly owned, get title advice before assuming the estate must control it. | Sunset helps identify accounts, insurance, debts and home-related documents so the spouse can tell what actually needs clerk action. |
| Out-of-state adult child w/ small estate | VJEFS does not replace the clerk appointment for qualification. If qualification is needed, a nonresident personal representative may qualify but signs a consent to service of process, CC-1610, and should expect a surety discussion unless a Virginia resident qualifies too or the clerk waives surety (Va. Code §§ 64.2-1426 and 64.2-1411). If the statewide small-estate affidavit fits, it goes to the bank or holder, not to the Saluda clerk. | Sunset helps sort which assets need a certificate of qualification and which may be handled by beneficiary claim or a statewide non-court process. |
| Parent settling predeceased child's estate, home must be sold | If the home must be sold through the estate, qualification is usually the route. Make the clerk appointment in Saluda, then work with the commissioner of accounts in Saluda on the inventory and account deadlines, including the first account due within 16 months under Va. Code § 64.2-1304. | Sunset helps assemble asset details, debt information and a probate packet, and can connect the family with a local probate attorney when a sale or creditor issue needs legal advice. |
Self-help resources
| Resource | What it gives you |
|---|---|
| Middlesex Circuit Court, Virginia Judiciary | Courthouse address, mailing address, phone, fax, hours, circuit information and term dates. |
| Probate, Middlesex County, VA | The county's probate appointment requirement, what to bring to the appointment, the state probate tax rate stated as $1.00 per $1,000, and the local commissioner of accounts contact point. |
| Circuit court fiduciary forms, Virginia Judiciary | Statewide probate, qualification, notice, inventory and accounting forms. |
| Commissioners of Accounts directory, Virginia Judiciary | Searchable directory for the commissioner of accounts who supervises fiduciaries after qualification. |
| Legal Aid Society of Eastern Virginia | General civil legal aid for qualifying low-income Middlesex County residents. Its listed case types do not include estate administration, so ask the organization directly about the kind of help available. |
When to hire an attorney
How Sunset helps
Find the accounts and assets
Sunset helps families identify bank accounts, investment accounts, insurance, debts and real estate details before the Saluda appointment, so the estate settlement starts with a clearer asset picture.
Generate the probate packet
Sunset organizes the information needed for the Virginia fiduciary forms and Middlesex County appointment, including heir details, asset lists and documents the clerk commonly asks families to bring.
Find a local probate attorney
When the estate needs legal advice, such as a home sale, a creditor dispute, a nonresident fiduciary issue or a contested family question, Sunset can connect the family with a vetted Virginia probate attorney.
Sunset is free for families
Families can use Sunset's estate settlement tools at no cost while they prepare for qualification, collect assets and move through the commissioner of accounts process.
Frequently asked questions
Where do I file to probate a will in Middlesex County?
File at the Clerk of the Circuit Court's office at 73 Bowden Street in Saluda. 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 Middlesex County?
Yes. The county probate page says an appointment must be made with the clerk or deputy clerk by calling (804) 758-5317. Bring the original will if there is one, an official death certificate, and the names, addresses and ages of the heirs at law.
Do I have to go before a judge to be appointed in Middlesex County?
No for ordinary qualification. In Virginia, the clerk or deputy clerk may admit wills to probate and qualify executors and administrators in the same manner and with like effect as the circuit court (Va. Code § 64.2-444). A judge becomes involved if a matter is contested or otherwise needs court action.
Does the Saluda clerk's office have its own probate forms?
No Middlesex-specific probate packet, checklist or cover sheet is published. Use the statewide Virginia circuit court fiduciary forms, and use the county probate page for the local appointment instructions.
Can I use VJEFS for Middlesex County qualification?
No. Middlesex participates in VJEFS for attorney civil filings, but VJEFS is for Virginia State Bar members and their staff. Qualification before the clerk is handled by appointment, not through VJEFS.
Can I see a Middlesex County estate file on a public website?
No free public website shows Middlesex County estate files. OCIS does not include probate or fiduciary records. Ask the clerk how to inspect a recorded will, list of heirs or other public record in the clerk's office.
What will it cost to probate a will in Middlesex County?
The state probate tax is 10 cents per $100 of value, with estates of $15,000 or less exempt, under Va. Code § 58.1-1712, unchanged since July 1, 2003. Qualification and recording charges follow Va. Code § 17.1-275. When you make the appointment, ask whether Middlesex County adds any local probate tax authorized by Va. Code §§ 58.1-1718 and 58.1-3805.
Where do I send the inventory and accounts after qualification?
Send them to the commissioner of accounts, not to the clerk. For Middlesex County matters, the commissioner of accounts' office is in Saluda. The inventory is due within four months after qualification under Va. Code § 64.2-1300, and the first account is due within 16 months under 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.