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Nelson County, VA Probate Information
Quick facts
| Topic | Nelson County detail |
|---|---|
| Court | Nelson Circuit Court, Clerk of the Circuit Court |
| Courthouse address | 84 Courthouse Square, 1st Floor, Lovingston, VA 22949-0010 |
| Mailing address | P.O. Box 10, Lovingston, VA 22949-0010 |
| Phone | (434) 263-7020 |
| Fax | (434) 263-7027 |
| Hours | 8:00 a.m. to 4:30 p.m. Cash registers close at 4:15 p.m. Land records and marriage licenses are available 8:00 a.m. to 4:00 p.m. |
| Probate tax and clerk fees | The state probate tax is 10 cents per $100 under Va. Code § 58.1-1712. Qualification and recording fees are set by Va. Code § 17.1-275. Ask the clerk whether Nelson County adds the one-third local probate tax authorized by Va. Code § 58.1-1718. |
| Local forms | No Nelson County probate packet or local probate cover sheet is published on the county Courts & Judicial Services page. Use the statewide Virginia circuit court forms. |
| E-filing status | VJEFS is for Virginia State Bar members and their staff for most civil cases. Self-represented families should expect to work directly with the clerk for probate qualification. |
| Case information | No free public web portal shows Virginia estate files. OCIS is not a probate records system. |
| Remote appearance | Call the clerk before relying on remote or mail handling. Remote civil proceedings are discretionary under Va. Code § 17.1-513.2, and qualification is normally handled with the clerk. |
| Website | https://www.vacourts.gov/courts/circuit/nelson/home |
Before you begin — know the assets and liabilities
Before you call the Nelson County clerk, make a working list of the decedent's accounts, debts, real estate, vehicles, beneficiary designations and family contacts. The clerk's appointment goes more smoothly when you can explain whether there is a will, whether anyone needs to qualify as personal representative, and whether Nelson County is the proper venue under Virginia law.
Sunset helps with the asset side of estate settlement before paperwork is filed. Sunset's asset discovery checks more than 2,300 institutions so families can identify accounts and plan the probate path before asking the Clerk of the Circuit Court what to prepare.
Which court handles jurisdiction
Nelson County probate matters are handled at the Nelson Circuit Court clerk's office in Lovingston. The courthouse serves Nelson County, including county communities served through the Lovingston courthouse counter.
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 was in a nursing home, convalescent home or similar institution because of age or impaired health, Virginia presumes the legal residence stayed where it was before that move unless the presumption is rebutted.
The jurisdiction process
- Confirm Nelson County venue. Use Nelson County if the decedent had a known place of residence there, or use the fallback venue rules for real estate, place of death or estate property under Va. Code § 64.2-443.
- Call the Clerk of the Circuit Court at (434) 263-7020. Ask whether a probate appointment is needed, what the clerk wants you to bring, and whether the cash-register cutoff affects payment timing.
- Prepare the statewide Virginia circuit court forms that match the estate. Common starting forms include CC-1650, Probate Information Form, CC-1651, Probate Tax Return when required, CC-1611, List of Heirs, and CC-1610 if a nonresident fiduciary will qualify.
- Go to the Nelson Circuit Court clerk's office at 84 Courthouse Square, 1st Floor, Lovingston. The clerk or a deputy clerk may admit the will to probate and qualify the executor or administrator in the same manner and with like effect as the circuit court (Va. Code § 64.2-444).
- Pay the applicable state probate tax, qualification fee and recording fee. The state probate tax is imposed under Va. Code § 58.1-1712, and Nelson County families should ask the clerk whether the local probate tax authorized by Va. Code § 58.1-1718 is part of the total.
- If anyone is entitled to notice of probate or qualification, send the required notice within 30 days and file the affidavit of notice within four months as required by Va. Code § 64.2-508.
- Get certified copies of the certificate of qualification, CC-1625, if you qualify as personal representative. That certificate is the document banks and other institutions use to recognize your authority.
- Work with the Nelson commissioner of accounts assigned to the estate. The inventory is returned to the commissioner of accounts, and the first account is due within 16 months of qualification under Va. Code § 64.2-1304.
- Decide whether creditor procedures are needed. Virginia's newer notice to creditors is optional, not mandatory, and is governed by Va. Code § 64.2-508.1.
- Administer, account and close the estate. The commissioner of accounts supervises the fiduciary accounting process, and estate settlement continues until the required account or closing statement is accepted.
Forms and documents
Probate forms in Nelson County
Nelson County does not publish a county probate packet or local probate cover sheet on the county Courts & Judicial Services page. Plan to use the statewide Virginia circuit court forms and call the clerk before your appointment if you are unsure which forms fit the estate.
| Form | Use |
|---|---|
| CC-1650, Probate Information Form | Basic information the clerk uses for a probate or qualification appointment. |
| CC-1651, Probate Tax Return | Probate tax return required when Virginia law requires it under Va. Code § 58.1-1714. |
| CC-1611, List of Heirs | Filed at qualification or when a will is presented and nobody qualifies, under Va. Code § 64.2-509. |
| CC-1610, Consent of Nonresident Fiduciary for Service of Process | Used when a nonresident fiduciary qualifies under Va. Code § 64.2-1426. |
| CC-1625, Certificate / Letter of Qualification | The certificate of qualification used to show the personal representative's authority. |
| 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 account, including the first account due within 16 months under Va. Code § 64.2-1304. |
| CC-1681, Statement in Lieu of Settlement of Account | Used when Virginia law allows a statement in lieu of an account under Va. Code § 64.2-1314. |
| CC-1685, Small Estate Affidavit | Used with the Virginia Small Estate Act for qualifying assets when the personal probate estate does not exceed $75,000, effective July 1, 2025, under Va. Code §§ 64.2-600 through 64.2-601. It is presented to the holder of the asset, not filed with the clerk. |
| CC-1686 and CC-1687 | Notice to Creditors Regarding Estate and Affidavit of Notice to Creditors Regarding Estate for the optional creditor notice process under Va. Code § 64.2-508.1. |
Statewide forms are available through the Virginia Judiciary forms pages: https://www.vacourts.gov/forms/home and https://selfhelp.vacourts.gov/page/37/probate-forms.
Local nuance
Nelson County-specific considerations
| Local point | What it means for a family |
|---|---|
| Cash-register cutoff | The clerk's office hours run to 4:30 p.m., but cash registers close at 4:15 p.m. Plan payments earlier in the day. |
| Land and marriage counter hours | The Judiciary listing says land records and marriage licenses are available 8:00 a.m. to 4:00 p.m. If your estate settlement also involves reviewing a recorded will, deed or marriage record, call before arriving late in the afternoon. |
| Commissioners of accounts in Lovingston | The statewide roster lists two commissioner of accounts offices for Nelson County, both in Lovingston. After qualification, the commissioner of accounts is the office that supervises inventories and accounts. |
Recent updates
Scenarios
| Scenario | Likely Nelson County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by identifying which assets are probate assets and whether the house passes outside administration. If a will must be admitted or a personal representative must qualify, call the Nelson Circuit Court clerk in Lovingston. | Sunset helps organize accounts, real estate details and family information so the spouse can ask the clerk targeted questions before the appointment. |
| Out-of-state adult child with small estate | If the Virginia small estate affidavit route fits, the personal probate estate must not exceed $75,000, effective July 1, 2025, under Va. Code §§ 64.2-600 through 64.2-601, and at least 60 days must have passed. If qualification is needed, a nonresident fiduciary can serve but must file CC-1610 under Va. Code § 64.2-1426. | Sunset helps locate accounts and estimate whether the estate appears to fit a small-estate route or needs Nelson County qualification. |
| Parent settling predeceased child's estate, home must be sold | If sale authority is needed through the estate, call the Nelson clerk about qualifying as personal representative and getting a certificate of qualification. After qualification, the inventory and accounts are handled with the commissioner of accounts, not the clerk. | Sunset helps build the asset list, generate the probate packet and connect the parent with a Virginia probate attorney when a home sale or creditor issue makes counsel useful. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Nelson Circuit Court clerk | Local filing counter for probate, qualification, wills, list of heirs and clerk-issued certificates. | 84 Courthouse Square, 1st Floor, Lovingston. Phone (434) 263-7020. Website: https://www.vacourts.gov/courts/circuit/nelson/home |
| Nelson County Courts & Judicial Services | County page listing the Circuit Court at 84 Courthouse Square and the clerk's public-facing court location. | https://www.nelsoncounty-va.gov/government/courts/ |
| Virginia Judiciary commissioners of accounts directory | Shows the commissioner of accounts roster by jurisdiction. Use it after qualification to identify where inventory and account filings are handled. | https://www.vacourts.gov/courts/circuit/resources/coa/home |
| Virginia Judiciary circuit court forms | Statewide CC forms for probate, qualification, list of heirs, inventory, accounts, small estate affidavit and creditor notice. | https://www.vacourts.gov/forms/home |
| Virginia Judiciary self-help probate forms page | Plain access to commonly used probate forms. | https://selfhelp.vacourts.gov/page/37/probate-forms |
| Central Virginia Legal Aid Society, Charlottesville office | General civil legal aid for Nelson County. Its listed services include consumer, housing, health, family, public benefits, employment and document preparation such as wills and powers of attorney. Post-death estate administration is not listed as a service. | https://cvlas.org/get-help/ |
When to hire an attorney
Consider a Virginia probate attorney if family members disagree, a will is disputed, the estate must sell real estate, the personal representative lives outside Virginia, creditor issues are significant, or the commissioner of accounts asks for a filing you do not understand. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help families find accounts, insurance, retirement assets and other property that may affect the Nelson County probate path.
Generate the probate packet. Sunset turns the information you enter into an organized estate settlement packet so you can prepare for the Nelson Circuit Court clerk and the commissioner of accounts.
Find a local probate attorney. When the estate needs legal advice, a real estate sale, creditor strategy or help with a contested issue, Sunset can connect the family with a vetted Virginia probate attorney.
Sunset is free for families. Families can use Sunset to organize the estate, understand next steps and move through estate settlement without paying Sunset a fee.
Frequently asked questions
Where do I file probate paperwork in Nelson County?
File with the Clerk of the Circuit Court for Nelson Circuit Court at 84 Courthouse Square, 1st Floor, Lovingston, VA 22949-0010. The mailing address is P.O. Box 10, Lovingston, VA 22949-0010.
Does Nelson County have its own probate forms?
Nelson County does not publish a county probate packet or local probate cover sheet on the county Courts & Judicial Services page. Use the statewide Virginia CC forms and call the clerk at (434) 263-7020 if you need to ask which forms the clerk wants for your appointment.
Can I handle Nelson County probate electronically?
Do not assume you can open a Nelson County estate through an electronic filing system. VJEFS is for Virginia State Bar members and their staff for most civil cases, and self-represented families should expect to work directly with the clerk for qualification.
Is there a public web portal for Nelson County estate papers?
No free public web portal shows Virginia estate files. OCIS is not a probate records system. For Nelson County estate papers, contact the clerk's office or ask about in-person access at the courthouse.
What are the Nelson County clerk's hours?
The Judiciary listing gives office hours of 8:00 a.m. to 4:30 p.m. Cash registers close at 4:15 p.m., and land records and marriage licenses are available 8:00 a.m. to 4:00 p.m.
What does probate cost in Nelson County?
The state probate tax is 10 cents per $100 under Va. Code § 58.1-1712, and qualification and recording fees are set by Va. Code § 17.1-275. Ask the Nelson County clerk whether the one-third local probate tax authorized by Va. Code § 58.1-1718 applies to your estate.
Do I have to travel to Lovingston to qualify as personal representative?
Qualification is handled by the Clerk of the Circuit Court in Lovingston. Call the clerk before relying on any remote or mail option, especially if you live outside Virginia.
Who supervises the estate after I qualify in Nelson County?
The commissioner of accounts supervises fiduciary inventories and accounts after qualification. The statewide roster lists two commissioner of accounts offices for Nelson County, both in Lovingston, and the Judiciary's commissioner directory is the place to identify the current office information.
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.