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New Kent County, VA Probate Information
Quick facts
| Item | New Kent County information |
|---|---|
| Court | New Kent Circuit Court, Ninth Judicial Circuit. Probate is handled by the Clerk of the Circuit Court. |
| Courthouse address | New Kent County Courthouse, 12001 Courthouse Circle, New Kent, VA 23124. |
| Mailing address | P.O. Box 98, New Kent, VA 23124-0098. |
| Phone | (804) 966-9520. |
| Fax | (804) 966-9528. The clerk's office states that it does not fax copies. |
| Hours | Monday through Friday, 8:30 a.m. to 4:30 p.m. Recordation ceases at 4:00 p.m. |
| Probate tax and clerk charges | The Commonwealth probate tax is 10 cents per $100 under Va. Code § 58.1-1712, current since 2003. A county may add a local probate tax under Va. Code § 58.1-1718, so ask the New Kent clerk to calculate the total when you call. |
| Local forms | No New Kent County probate packet or checklist is published. Use the Virginia Circuit Court fiduciary forms. |
| Online filing | New Kent is not listed as a participating circuit court in the Virginia Judiciary eFiling System. Plan on paper filing with the clerk. |
| Case access | No free public online portal shows New Kent County estate files. Recorded wills and related records are handled through the clerk's records process. |
| Remote appearance | No current local remote qualification process is published. Qualification is an appearance before the clerk, not a hearing. |
| Websites | New Kent Circuit Court and New Kent County Clerk of Circuit Court. |
Before you begin — know the assets and liabilities
Before you call the New Kent clerk, make a list of the decedent's known assets, debts, real estate, beneficiaries and heirs. The clerk can tell you what to bring to the courthouse, but the clerk cannot decide whether an asset needs qualification, whether a small estate path is enough, or whether a sale of real estate requires full authority.
Sunset's estate settlement process starts with asset discovery across more than 2,300 institutions, then uses what is found to help you decide whether you need a clerk appointment, a small estate affidavit, a recorded list of heirs, or attorney help in New Kent County.
Which court handles jurisdiction
File for a New Kent County decedent at the Clerk of the Circuit Court's counter in the New Kent County Courthouse, 12001 Courthouse Circle in New Kent. 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 or similar institution because of age or health, Virginia presumes the prior legal residence remains the residence unless that presumption is rebutted.
New Kent County is part of the Ninth Judicial Circuit, but it keeps its own clerk's office and its own county docket. After qualification, the commissioner of accounts, a private attorney appointed by the circuit court's judges, supervises inventories and accounts for the estate under Va. Code § 64.2-1200. The Judiciary's commissioner of accounts roster lists New Kent commissioners with offices outside the courthouse, so do not assume later fiduciary filings go back to the clerk's counter.
The jurisdiction process
- Gather the original will, death certificate, asset list, estimated values, names and addresses of heirs and beneficiaries, and any information about Virginia real estate. Call the New Kent clerk at (804) 966-9520 before you go to confirm the current appointment practice and what the clerk wants you to bring.
- Go to the Clerk of the Circuit Court at the New Kent County Courthouse, 12001 Courthouse Circle, New Kent. In Virginia, you qualify, meaning you are appointed and sworn in, before the clerk. The clerk may admit the will, appoint and qualify a personal representative, and take the required bond in the same manner as the circuit court (Va. Code § 64.2-444).
- File the will if there is one, the probate information requested by the clerk, the list of heirs, and any required probate tax return. The Commonwealth probate tax is imposed under Va. Code § 58.1-1712, current since 2003, and a county may impose a local probate tax under Va. Code § 58.1-1718, so have the New Kent clerk calculate the total at the counter.
- If you live outside Virginia, be ready to sign the consent of nonresident fiduciary for service of process, CC-1610. A nonresident may qualify, but surety may be required unless a Virginia resident qualifies at the same time or the clerk waives surety under the applicable statute (Va. Code §§ 64.2-1426, 64.2-1411).
- Receive certified proof of your authority. The usual authority document is the certificate of qualification, CC-1625, which institutions use to recognize the personal representative's authority (Va. Code § 64.2-506).
- Send the required notice of probate or qualification to the people entitled to notice, then record the affidavit of notice with the clerk within the statutory period (Va. Code § 64.2-508). Keep copies of what you mail and record.
- Work with the commissioner of accounts assigned for New Kent. The inventory is returned to the commissioner of accounts within four months after the order giving authority, and the first account is presented within 16 months of qualification (Va. Code §§ 64.2-1300, 64.2-1304).
- Pay valid debts, collect assets, sell property only if you have authority to do so, and keep estate funds separate. If creditor notice or a debts and demands process is needed, discuss the options with counsel or the commissioner of accounts.
- Close the estate settlement through the commissioner of accounts. Depending on the estate, closing may involve an account, a statement in lieu of settlement of account, receipts from beneficiaries, or further directions from the commissioner.
Forms and documents
Probate forms in New Kent County
New Kent County does not publish a local probate packet, checklist or cover sheet. The county clerk's page directs users to Supreme Court of Virginia forms, and the statewide fiduciary forms are the forms to start with.
| Form or resource | Use in New Kent County |
|---|---|
| Virginia Circuit Court fiduciary forms | Statewide fiduciary forms used in Virginia circuit courts. |
| CC-1650, Probate information form | Information the clerk commonly collects for a probate or qualification appointment. |
| CC-1611, List of heirs | Filed with the clerk at qualification or when a will is presented without qualification, as required by Va. Code § 64.2-509. |
| CC-1610, Consent of nonresident fiduciary for service of process | Used when the person qualifying is not a Virginia resident (Va. Code § 64.2-1426). |
| CC-1625, Certificate / letter of qualification | The authority document issued by the clerk after qualification (Va. Code § 64.2-506). |
| CC-1670, Inventory of decedent's estate | Returned to the commissioner of accounts, not to the clerk, after qualification (Va. Code § 64.2-1300). |
| CC-1680, Account for decedent's estate | Presented to the commissioner of accounts for estate settlement accounting (Va. Code § 64.2-1304). |
| CC-1685, Small estate affidavit | Used with a holder of a qualifying small asset, not filed with the clerk, when the requirements of Va. Code §§ 64.2-600 and 64.2-601 are met. The $75,000 ceiling is effective July 1, 2025. |
Recent updates
No New Kent County probate rule change, local probate packet, or local commissioner fee schedule was published in the materials reviewed for this page. The practical local items to note are the clerk's 4:00 p.m. recordation cutoff, the no-fax-copies policy, and the lack of a public online estate-file portal.
Page last reviewed: August 2026.
Scenarios
| Situation | Likely New Kent County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by identifying how the home was titled and whether any probate asset needs a personal representative. If the spouse needs authority, call the New Kent clerk and bring the original will if there is one, death certificate, asset information and heir information. If the only task is recording heir or real estate paperwork, remember that recordation stops at 4:00 p.m. | Sunset helps find accounts, organize title and beneficiary information, and prepare the packet for the clerk or for an attorney review. |
| Out-of-state adult child with a small estate | If the personal probate estate qualifies for the Virginia small estate affidavit, the $75,000 ceiling is effective July 1, 2025 under Va. Code §§ 64.2-600 and 64.2-601, and the affidavit is presented to the asset holder rather than filed with the clerk. If qualification is needed, the nonresident child can qualify but should expect CC-1610 and possible surety issues under Va. Code § 64.2-1426. | Sunset helps identify whether accounts, refunds or securities can be handled without qualification, and flags when a New Kent clerk appointment or local attorney is the safer route. |
| Parent settling a predeceased child's estate, home must be sold | If a New Kent County home must be sold, determine whether a personal representative has power to sell and whether full qualification is needed. The clerk handles qualification, while the commissioner of accounts supervises the inventory and later accounts after authority is issued. | Sunset helps assemble asset information, generate the estate settlement packet, and connect the family with a Virginia probate attorney when real estate sale authority or family disputes need legal judgment. |
Self-help resources
| Resource | What it provides | Link or contact |
|---|---|---|
| New Kent Circuit Court, Virginia Judiciary | Clerk's office address, phone, fax, hours, circuit information and official court page. | New Kent Circuit Court |
| New Kent County Clerk of Circuit Court | Local clerk details, probate record history from September 1864, copy request information, the 4:00 p.m. recordation cutoff and the no-fax-copies policy. | Clerk of Circuit Court |
| Commissioners of Accounts directory | Searchable Virginia Judiciary directory for the commissioner of accounts serving New Kent, plus statewide commissioner information. | Commissioners of Accounts |
| Virginia Circuit Court fiduciary forms | Statewide probate, qualification, inventory, accounting and small estate forms. | Fiduciary forms |
| Central Virginia Legal Aid Society | General civil legal aid for financially eligible residents. Its services page includes advice-only help for administration of estates and estate disputes. | CVLAS services, (804) 648-1012 or 1-800-868-1012 |
When to hire an attorney
Consider talking with a Virginia probate attorney if the will may be contested, heirs disagree, the estate owns New Kent County real estate that must be sold, a creditor dispute is likely, a nonresident fiduciary needs surety guidance, or the estate cannot be closed with a straightforward account or statement in lieu. Sunset connects families with a vetted attorney when legal advice is the next step.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help families identify bank accounts, investment accounts, insurance, benefits and other assets that may matter for New Kent County estate settlement.
Generate the probate packet. Sunset turns the information you provide into an organized probate and qualification packet, including the details commonly needed for the clerk, the list of heirs and the next-step checklist for the commissioner of accounts.
Find a local probate attorney. When the estate needs legal advice, real estate sale authority, creditor strategy or help with a dispute, Sunset can connect you with a vetted Virginia probate attorney.
Sunset is free for families. Families can use Sunset to understand the path, organize documents and move estate settlement forward without paying Sunset for access.
Frequently asked questions
Where do I file to probate a will in New Kent County?
File at the Clerk of the Circuit Court's counter in the New Kent County Courthouse, 12001 Courthouse Circle, New Kent, VA 23124. 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 have to go before a judge to be appointed in New Kent County?
No. In Virginia, the clerk may admit wills and qualify executors and administrators (Va. Code § 64.2-444). A circuit court judge becomes involved only in contested or appealed matters, not in a routine clerk qualification.
Does New Kent County have its own probate forms?
No local New Kent probate packet or checklist is published. Use the Virginia Circuit Court fiduciary forms, including CC-1650, CC-1611, CC-1610 when needed, CC-1625, CC-1670 and CC-1680.
Can I file New Kent County probate papers through an online filing system?
New Kent is not listed as a participating court in the Virginia Judiciary eFiling System. Plan to handle probate and qualification with the clerk on paper, and call (804) 966-9520 before going to confirm the current appointment practice.
Can I check a New Kent County estate file on a free public portal?
No free public portal shows New Kent County estate files. The county clerk's page directs people to in-person access for civil and criminal case, judgment and financing-statement information, and recorded will-book materials are handled through the clerk's records process.
What will it cost to probate a will in New Kent County?
The Commonwealth probate tax is 10 cents per $100 under Va. Code § 58.1-1712, current since 2003, and clerk charges for qualification and recording are set by Virginia statute. A county may impose a local probate tax under Va. Code § 58.1-1718, so ask the New Kent clerk to calculate the total before you come in.
Do I have to come to New Kent in person?
No current New Kent source publishes a remote or mail qualification option. Because qualification is an appearance before the clerk under Va. Code § 64.2-444, call the clerk before traveling if you are out of state or cannot appear in person.
Where do I send the inventory and accounts after I qualify?
Send or deliver the inventory and accounts to the commissioner of accounts assigned for New Kent, not to the clerk. The inventory is due to the commissioner of accounts within four months after authority is granted, and the first account is due within 16 months of qualification (Va. Code §§ 64.2-1300, 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.