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Montgomery County, VA Probate Information
Quick facts
| Item | Montgomery County information |
|---|---|
| Court and filing office | Montgomery County Circuit Court, Clerk of the Circuit Court. The Virginia Judiciary page is headed Montgomery Circuit Court, 27th Judicial Circuit of Virginia. |
| Courthouse address | 55 East Main Street, Suite 1, Christiansburg, VA 24073. |
| Mailing address | Clerk, Montgomery County Circuit Court, 55 East Main Street, Suite 1, Christiansburg, VA 24073. |
| Phone | (540) 382-5760. Choose the probate option, option 4. The clerk also publishes the route as extension 7, option 4. |
| Fax | (540) 394-3104. The clerk publishes a fax number, but its public-records page says documents may not be emailed or faxed for record requests. |
| Hours | Public hours are Monday through Friday, 8:30 a.m. to 4:30 p.m. Probate of estates is by appointment only. |
| Appointment rule | Probate of estates is by appointment only. Use the Montgomery County Probate Handout, then call (540) 382-5760, option 4. |
| Cost to open | The Commonwealth probate tax is 10 cents per $100 of estate value and estates of $15,000 or less pay no probate tax (Va. Code § 58.1-1712, rate and exemption unchanged since 2003). A Virginia county may add a local probate tax equal to one-third of the state tax (Va. Code §§ 58.1-1718, 58.1-3805), so ask the clerk's office for the full amount when you call to book the appointment. Qualification and recording charges are set by Va. Code § 17.1-275, with current statewide fee schedule guidance revised 07/2026. |
| Local forms | Yes. Montgomery County uses statewide Virginia fiduciary forms and also publishes its own local Probate Handout, headed Probate Information Form and revised 9/11/2024. |
| Electronic filing | Montgomery participates in the Virginia Judiciary eFiling System for attorney civil filings. That system is for Virginia State Bar members and their staff, not for a family member opening an estate. Probate qualification remains the appointment process with the clerk. |
| Estate records | There is no free public internet portal for a Montgomery County estate file. Estate and will-book records are handled through the clerk's office in Christiansburg. The clerk also points land-record users to a paid Logan Systems subscription, and the county property search can help find assessed real estate values. |
| Remote appearance | No current Montgomery County source publishes a remote probate-qualification option. Qualification is an appointment before the clerk, not a court hearing. |
| Websites | Montgomery County Clerk of Circuit Court main site and Montgomery Circuit Court, Virginia Judiciary. |
Before you begin — know the assets and liabilities
Before you call Montgomery County's probate option, build the asset list the clerk asks for. The local handout asks for assets and estimated values in the decedent's name alone, and it expressly excludes assets that are jointly owned or payable on death. For real estate, the handout asks for the property address and assessed value.
Sunset's estate settlement tools help you identify accounts and assets across more than 2,300 financial institutions, so the appointment call is based on a fuller picture. That matters in Montgomery County because the clerk's own sequence is gather the original will if there is one, the death certificate, the solely owned assets and the heirs, then call (540) 382-5760, option 4.
Which court handles jurisdiction
For a Montgomery County resident, offer the will and qualify as personal representative at the Clerk of the Circuit Court's counter at 55 East Main Street, Suite 1, in Christiansburg. The same counter serves the towns of Blacksburg and Christiansburg and the county's unincorporated communities.
Virginia venue starts in the circuit court for the county or city where the decedent had a known place of residence (Va. Code § 64.2-443). If a Montgomery County resident became a patient in a nursing home, convalescent home or similar institution because of advanced age or impaired health, the law presumes the prior legal residence continues unless that presumption is rebutted.
Montgomery County is in the Twenty-seventh Judicial Circuit with the Cities of Galax and Radford and the Counties of Bland, Carroll, Floyd, Giles, Grayson, Pulaski and Wythe (Va. Code § 17.1-506). That shared circuit does not mean a shared clerk: Montgomery County has its own Clerk of the Circuit Court in Christiansburg.
The jurisdiction process
- Confirm that Montgomery County is the right venue. The clerk's local form asks whether the decedent was a Montgomery County resident, and Virginia venue is the county or city where the decedent had a known place of residence (Va. Code § 64.2-443).
- Gather the items the clerk asks for before making the appointment: the original will if there is one, the death certificate, a list of assets solely in the decedent's name, and a list of heirs. Use the Montgomery County Probate Handout to collect the details.
- Call the Clerk of the Circuit Court at (540) 382-5760 and choose option 4 to book the probate appointment. The clerk's site also describes the route as extension 7, option 4. No online appointment scheduler is published.
- Bring the original will, the death certificate, the completed local information, heir information and any waiver paperwork the clerk has told you to obtain. If there is no will, the local form says you may need waivers of qualification from other heirs. If the first-named executor is living and does not want to qualify, the form says that person must complete a waiver of qualification before your appointment.
- At the appointment, the clerk may admit the will to probate and qualify the executor or administrator. In Virginia, qualify means being appointed and sworn in before the clerk, who has authority to admit wills, appoint and qualify personal representatives and take bonds (Va. Code § 64.2-444).
- Pay the amounts the clerk calculates. The Commonwealth probate tax is 10 cents per $100 of estate value and estates of $15,000 or less pay no probate tax (Va. Code § 58.1-1712, rate and exemption unchanged since 2003). A Virginia county may add a local probate tax equal to one-third of the state tax (Va. Code §§ 58.1-1718, 58.1-3805), so ask the clerk's office for the full amount when you call to book the appointment. Qualification and recording charges are set by Va. Code § 17.1-275, with current statewide fee schedule guidance revised 07/2026.
- Receive the certificate of qualification, CC-1625, from the clerk if you qualify. The current statewide fee schedule guidance revised 07/2026 describes the qualification fee as including the oath, initial bond, order of qualification and two certificates of qualification, with added certificates charged separately.
- Send the required notice of probate or qualification within 30 days and record the affidavit of notice within four months in the clerk's office where the will is recorded (Va. Code § 64.2-508). Use the statewide notice forms from the Virginia Judiciary circuit court fiduciary forms page.
- Work with the commissioner of accounts after qualification. The inventory, CC-1670, is due to the commissioner of accounts within four months after the order conferring authority (Va. Code § 64.2-1300). The first account, CC-1680, is due before the commissioner of accounts within 16 months from qualification and covers the first 12 months (Va. Code § 64.2-1304). In Montgomery County, the current Judiciary roster lists commissioner offices in Christiansburg and Blacksburg.
- Close the estate settlement through the commissioner of accounts when administration is complete, or use a statement in lieu where the statewide requirements are met. The commissioner of accounts settles the account, and the clerk's office remains the place where recorded probate papers are kept.
Forms and documents
Probate forms in Montgomery County
Montgomery County has a real local probate form layer. The clerk publishes a Probate Handout, headed Probate Information Form and revised 9/11/2024, that the Probate Division tells you to use before calling for an appointment.
| Form or resource | Where to get it | How it is used in Montgomery County |
|---|---|---|
| Montgomery County Probate Handout | Montgomery County Probate Handout | The clerk's local pre-appointment information form. It asks for the date of death, whether the decedent was a Montgomery County resident, solely owned assets, the will, executor status, Virginia residency and living heirs' names, addresses and ages. |
| Probate Division page | Montgomery County Clerk of Circuit Court, Probate Division | Publishes the appointment-only rule, the four items to gather before calling and the phone route for booking. |
| Statewide Virginia fiduciary forms | Virginia Judiciary circuit court fiduciary forms | Includes statewide forms such as CC-1608, CC-1610, CC-1611, CC-1612, CC-1650, CC-1651, CC-1670, CC-1680, CC-1681, CC-1685, CC-1686 and CC-1687. |
| Certificate of qualification | Issued by the clerk after qualification | CC-1625 is the authority document. It is not a form you download and file. |
| Small estate affidavit | Virginia Judiciary circuit court fiduciary forms | CC-1685 is presented to the asset holder under the statewide small-estate process. It is not filed at the Christiansburg counter. |
| Inventory, account and statement in lieu | Virginia Judiciary circuit court fiduciary forms | CC-1670, CC-1680 and CC-1681 go to the commissioner of accounts, not to the clerk's counter. |
Fees
| Charge | Montgomery County treatment |
|---|---|
| Probate tax | The Commonwealth probate tax is 10 cents per $100 of estate value and estates of $15,000 or less pay no probate tax (Va. Code § 58.1-1712, rate and exemption unchanged since 2003). A Virginia county may add a local probate tax equal to one-third of the state tax (Va. Code §§ 58.1-1718, 58.1-3805), so ask the clerk's office for the full amount when you call to book the appointment. |
| Qualification fee | Under Va. Code § 17.1-275(A)(3), with current statewide fee schedule guidance revised 07/2026, the qualification fee is $0 for estates of $5,000 or less, $20 for estates not exceeding $50,000, $25 for estates not exceeding $100,000 and $30 for estates exceeding $100,000. |
| Recording and indexing | Under Va. Code § 17.1-275(A)(2), with current statewide fee schedule guidance revised 07/2026, recording and indexing a will, list of heirs or other writing is $18 for 10 or fewer pages, $32 for 11 to 30 pages and $52 for 31 or more pages. The Office of the Executive Secretary's current probate fee schedule guidance says the Technology Trust Fund Fee does not apply to wills. |
| Certificates and copies | The statewide fee schedule guidance revised 07/2026 describes the qualification fee as including the oath, initial bond, issuing two certificates of qualification and preparing the order of qualification. Montgomery County's clerk publishes copy charges of $0.50 per page, plus $2 per certified document, and $0.50 per page plus $6 per document for out-of-state copies that require triple seal certification, as published for August 2026. |
| Card payments and checks | The clerk publishes a 4 percent charge for Visa or Mastercard payments in its records and civil information. It also publishes that out-of-state checks and starter checks are not accepted for record requests. Ask about the accepted probate payment method when booking. |
| Commissioner of accounts | The commissioner of accounts charges fees for reviewing inventories and accounts. The Judiciary explains that the appointing circuit court sets the schedule, and no Twenty-seventh Judicial Circuit commissioner fee figure is printed here. |
Local nuance
Montgomery County-specific considerations
| Local point | Why it matters |
|---|---|
| Appointment only | The clerk's Probate Division page says probate of estates is by appointment only. Gather the handout information first, then call (540) 382-5760, option 4. |
| Christiansburg counter, not the county government center | The Clerk of the Circuit Court is at 55 East Main Street, Suite 1, in the County Courthouse. The Montgomery County Government Center on Roanoke Street is not the probate counter. |
| Local handout excludes jointly owned and payable-on-death assets | The clerk's local form asks for assets solely in the decedent's name and expressly excludes jointly owned or payable-on-death assets. That makes asset sorting part of the pre-call work. |
| Waivers may be needed before the appointment | The local form says a person may need waivers of qualification from other heirs if there is no will, and if the first-named executor is living and will not qualify, that person must complete a waiver before the appointment. |
| Nonresident applicants should raise residency on the call | The local form asks whether you are a Virginia resident and says the clerk will discuss options if you are not. Statewide law allows a nonresident to qualify if the required consent to service of process is filed, but surety may be required unless a Virginia resident qualifies at the same time or the clerk waives surety (Va. Code §§ 64.2-1426, 64.2-1411). |
| Commissioner offices are nearby | The current Judiciary roster lists three commissioners of accounts for Montgomery County, with offices in Christiansburg and Blacksburg. After qualification, the inventory and accounts go to the assigned commissioner, not to the clerk. |
Recent updates
| Local item | Current rule |
|---|---|
| Probate appointments | The clerk's Probate Division page says probate of estates is by appointment only and directs families to call (540) 382-5760, option 4, after gathering the listed information. |
| Local intake form | Montgomery County publishes its own Probate Handout, headed Probate Information Form and revised 9/11/2024, in addition to statewide Virginia fiduciary forms. |
| Commissioner of accounts roster | The Virginia Judiciary commissioners of accounts roster updated 5/28/2026 lists three Montgomery County commissioners, with offices in Christiansburg and Blacksburg. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the Montgomery County Probate Handout. It asks for assets solely in the decedent's name and excludes jointly owned and payable-on-death assets, so the spouse first separates survivorship assets from assets that may require probate. If solely held assets remain, gather the original will if any, death certificate, asset list and heirs, then call (540) 382-5760, option 4, for the Christiansburg appointment. | Sunset helps identify accounts, beneficiary designations and real estate details before the call, so the estate settlement plan fits what is actually in the probate estate. |
| Out-of-state adult child with a small estate | There is no electronic route for a family member to open the estate. Call the probate option before traveling and ask what must be brought in person. The local form asks whether you are a Virginia resident and says the clerk will discuss options. A nonresident may qualify under Virginia law but must file the consent to service of process, CC-1610, and should expect surety questions unless a Virginia resident qualifies at the same time or the clerk waives surety (Va. Code §§ 64.2-1426, 64.2-1411). | Sunset helps decide whether a full appointment is needed or whether a statewide small-estate path can be handled directly with an asset holder, and helps prepare the forms and travel checklist. |
| Parent settling a predeceased child's estate when a home must be sold | If the estate must sell real estate, qualification is usually the practical route. The clerk's form asks for the real estate address and assessed value, and if there is no will it warns that waivers of qualification from other heirs may be needed before the appointment. After qualification, the inventory is due to the commissioner of accounts within four months and the first account is due within 16 months (Va. Code §§ 64.2-1300, 64.2-1304). | Sunset helps assemble the asset list, generate the probate packet and connect the family with a local probate attorney when heir waivers, sale authority or commissioner questions make the estate settlement more complex. |
Self-help resources
| Resource | What it provides | Important limit |
|---|---|---|
| Montgomery County Clerk of Circuit Court, Probate Division | Appointment-only probate rule, the four items to gather first, the local Probate Handout and the phone route for booking the appointment. | Clerk's Office staff provide general procedural information only and do not give legal advice or help complete forms. |
| Montgomery County Clerk of Circuit Court main site | Office address, phone menu, fax, public hours, records information and contact form. | Use the probate option for estate appointments. |
| Montgomery Circuit Court, Virginia Judiciary | Judiciary court page with the court address, hours, fax, circuit information and terms of court. | Terms of court do not control a routine clerk appointment to qualify a personal representative. |
| Virginia Judiciary circuit court fiduciary forms | Statewide Virginia probate and fiduciary forms, including notices, list of heirs, inventory, account, statement in lieu, small estate affidavit and creditor notice forms. | Some forms are filed with or issued by different offices. The inventory and account go to the commissioner of accounts. |
| Virginia Judiciary Commissioners of Accounts directory | Searchable directory of commissioners of accounts, including the Montgomery County commissioners and fee-schedule guidance. | Use the directory for the current office information, and ask which commissioner is assigned to your estate. |
| Virginia Judiciary self-help probate forms page | Plain-language index to probate forms. | It does not give Montgomery County appointment instructions. |
| Montgomery County real estate and property records search | County property search that can help find the assessed value requested on the local probate handout. | It is a property-record tool, not an estate-file tool. |
| Southwest Virginia Legal Aid Society, Christiansburg field office | General civil legal aid for eligible low-income residents, with a Christiansburg office and centralized intake. | The programme's listed practice areas do not include decedent estate administration, so ask about eligibility and scope before relying on it for an estate. |
When to hire an attorney
Consider a Virginia probate attorney if the will is disputed, the first-named executor will not serve, heir waivers are needed, the estate includes a home that must be sold, a creditor issue may be contested, or an out-of-state personal representative needs help with bond and service-of-process questions. Montgomery County's clerk can explain procedure and charges, but its own policy says staff are not attorneys and do not give legal advice. Sunset connects families with a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions and helps you organize the accounts, real estate, debts and beneficiary information that shape the Montgomery County probate appointment.
Generate the probate packet. Sunset turns the information you gather into a probate-ready packet, including statewide Virginia forms and a checklist for the Montgomery County Probate Handout and appointment call.
Find a local probate attorney. When the estate settlement needs legal judgment, Sunset can connect you with a vetted Virginia probate attorney who understands qualification, commissioner of accounts practice and Montgomery County filing steps.
Sunset is free for families. Sunset helps families move from confusion to an organized estate settlement plan without charging families for its core support.
Frequently asked questions
Where do I file to probate a will in Montgomery County?
File with the Clerk of the Circuit Court at 55 East Main Street, Suite 1, in Christiansburg. Virginia venue is generally the circuit court for 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 Montgomery County?
Yes. The clerk's Probate Division page says probate of estates is by appointment only. Gather the original will if there is one, the death certificate, the list of solely owned assets and the list of heirs, then call (540) 382-5760, option 4.
What should I gather before I call the Montgomery County clerk?
The clerk lists four items needed before making the appointment: the original will if applicable, the death certificate, a list of assets solely in the decedent's name, and a list of heirs. The local handout also asks whether the decedent was a Montgomery County resident and whether the person seeking to qualify is a Virginia resident.
Does Montgomery County have its own probate form?
Yes. Montgomery County publishes a local Probate Handout, headed Probate Information Form and revised 9/11/2024. It is used with the statewide Virginia fiduciary forms available from the Judiciary.
Can I open a Montgomery County estate through an internet filing system?
No electronic route is published for a family member to open an estate in Montgomery County. The court participates in the Virginia Judiciary eFiling System for attorney civil filings, but that system is for Virginia State Bar members and their staff and does not replace the clerk's appointment-only probate process.
Can I view Montgomery County estate records through a free public internet portal?
No free public portal shows a Montgomery County estate file. The clerk's office in Christiansburg handles estate and recorded will-book records. The clerk also points land-record users to a paid Logan Systems subscription, and the county property search helps find assessed real estate values.
What will it cost to probate a will in Montgomery County?
The Commonwealth probate tax is 10 cents per $100 of estate value and estates of $15,000 or less pay no probate tax (Va. Code § 58.1-1712, rate and exemption unchanged since 2003). A Virginia county may add a local probate tax equal to one-third of the state tax (Va. Code §§ 58.1-1718, 58.1-3805), so ask the clerk's office for the full amount when you call to book the appointment. Qualification and recording charges are set by Va. Code § 17.1-275, with current statewide fee schedule guidance revised 07/2026.
Do I have to come to Christiansburg in person?
The clerk publishes an appointment-only probate process and no current remote qualification option. If you live outside Virginia, call the probate option before traveling and ask what can be sent ahead and what must be handled at the appointment.
Where do the inventory and accounts go after I qualify?
They go to the commissioner of accounts, not to the clerk's counter. Montgomery County's current Judiciary roster lists commissioner offices in Christiansburg and Blacksburg. The inventory is due within four months after the order conferring authority, and the first account is due within 16 months from qualification (Va. Code §§ 64.2-1300, 64.2-1304).
Do I have to wait for a term of court to open the estate?
No. Routine qualification is handled by appointment with the clerk, who may admit wills and qualify personal representatives under Va. Code § 64.2-444. The court's term calendar matters only if a matter needs judge-side action, such as a contest or an appeal from the clerk's order.
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.