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Northampton County, VA Probate Information
Quick facts
| Item | Northampton County details |
|---|---|
| Court | Northampton Circuit Court, Clerk of the Circuit Court |
| Courthouse address | 5229 The Hornes, Eastville, VA 23347 |
| Mailing address | P.O. Box 36, Eastville, VA 23347-0036 |
| Phone | (757) 678-0465. The county's probate FAQ directs probate questions to the Probate Department of the Circuit Court Clerk's Office at this number. |
| Fax | (757) 678-5410 |
| Hours | 9:00 a.m. to 5:00 p.m., Monday through Friday, excluding state holidays |
| Opening charges | State probate tax is 10 cents per $100 for estates over $15,000, unchanged since 2003 (Va. Code § 58.1-1712). Northampton County also imposes the local probate tax equal to one-third of the state tax (Va. Code §§ 58.1-1718, 58.1-3805). Statutory qualification and recording charges also apply, effective July 1, 2022 (Va. Code § 17.1-275). |
| Local forms | The county page requires a pre-appointment application but does not provide a downloadable local packet. Call the clerk's office for the application before the appointment. |
| E-filing status | Northampton participates in VJEFS for attorneys and their designated staff in eligible civil matters. Self-represented probate qualification is handled by appointment with the clerk. |
| Estate file access | No free public website shows Northampton County estate files. Recorded wills and lists of heirs are handled through the clerk's records process. |
| Remote appearance | No Northampton County probate qualification video option is published. The county page requires an appointment with the clerk or a deputy clerk. |
| Website | Northampton Circuit Court and Northampton County Probate of Wills |
Before you begin — know the assets and liabilities
Before you call the Northampton County clerk, list the decedent's accounts, real estate, vehicles, debts, beneficiaries, heirs, and whether there is an original will. The clerk's office requires a probate appointment and asks you to complete a pre-appointment application first, so having the estate settlement information organized will make that call more productive.
Sunset's asset discovery searches more than 2,300 financial institutions to help identify accounts and benefits that may belong in the estate settlement plan before you decide whether qualification is needed.
Which court handles jurisdiction
Northampton County probate is handled by the Clerk of the Circuit Court at 5229 The Hornes in Eastville. Northampton County has its own clerk and is not served by a shared clerk's office.
Venue is based on the decedent's residence. A will is offered for probate in the circuit court of the county or city where the decedent had a known place of residence, and a person who became a patient in a nursing home or similar institution is presumed to keep the prior legal residence unless that presumption is rebutted (Va. Code § 64.2-443). For a Northampton County resident, that means the clerk's counter in Eastville.
Northampton County is in the Second Judicial Circuit and covers the southern Eastern Shore, including Eastville, Cape Charles, Nassawadox, and surrounding Eastern Shore communities.
The jurisdiction process
- Call the Northampton County Clerk of the Circuit Court at (757) 678-0465 and ask for the probate appointment process. The county's probate page says an appointment is required and asks you to complete the application before coming in.
- Gather the original will, death certificate, names and addresses of heirs and beneficiaries, an asset list, and the statewide forms the clerk requests, including the probate information form and list of heirs when applicable.
- Attend the appointment at the clerk's office in Eastville. In Virginia, the clerk or a deputy clerk admits the will to probate and qualifies the personal representative, which is Virginia's word for being appointed and sworn in (Va. Code § 64.2-444).
- Pay the state probate tax, any Northampton County local probate tax, and the statutory qualification and recording charges that apply. State probate tax is 10 cents per $100 for estates over $15,000, unchanged since 2003 (Va. Code § 58.1-1712), and Northampton County imposes the local probate tax allowed by Va. Code §§ 58.1-1718 and 58.1-3805.
- Receive the certificate of qualification if you qualify as personal representative. That certificate is the document institutions use to recognize your authority (Va. Code § 64.2-506).
- Send the required notice regarding the estate 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).
- Work with the commissioner of accounts assigned for Northampton County. The commissioners listed for Northampton have offices in Eastville, and the inventory and accounts go to the commissioner of accounts, not to the clerk.
- Return the inventory to the commissioner of accounts within four months after qualification (Va. Code § 64.2-1300). File the first account with the commissioner of accounts within 16 months of qualification (Va. Code § 64.2-1304), unless a lawful closing alternative applies.
- Complete administration, pay valid expenses and claims in the required order, distribute the remaining property, and close the estate settlement through the commissioner of accounts process.
Forms and documents
Probate forms in Northampton County
Virginia uses statewide circuit court fiduciary forms. Northampton County's local probate page says you should fill out a pre-appointment application and that the office will contact you within two to three business days, but the page does not provide a downloadable local probate packet. Call the clerk's office at (757) 678-0465 to get the application and appointment instructions.
| Form or resource | Use in Northampton County |
|---|---|
| Virginia circuit court fiduciary forms | Statewide probate and fiduciary forms used by circuit court clerks. |
| Pre-appointment application | Northampton County's local probate page instructs families to complete an application before coming in. Obtain it from the clerk's office. |
| CC-1610 | Consent of Nonresident Fiduciary for Service of Process, used when a nonresident qualifies as personal representative (Va. Code § 64.2-1426). |
| CC-1611 | List of Heirs, filed at qualification or when a will is presented and nobody qualifies (Va. Code § 64.2-509). |
| CC-1625 | Certificate / Letter of Qualification, the authority document issued by the clerk (Va. Code § 64.2-506). |
| CC-1670 and CC-1680 | Inventory of Decedent's Estate and Account for Decedent's Estate, returned to the commissioner of accounts under Va. Code §§ 64.2-1300 and 64.2-1304. |
Fees
Northampton County imposes the local probate tax. The state probate tax is 10 cents per $100 for estates over $15,000, unchanged since 2003 (Va. Code § 58.1-1712). Northampton County adds the local probate tax equal to one-third of the state tax under the local-option authority in Va. Code §§ 58.1-1718 and 58.1-3805.
Statutory qualification and recording charges also apply under Va. Code § 17.1-275, effective July 1, 2022. Ask the clerk for the total due and accepted payment methods when you make the required appointment.
Local nuance
Northampton County-specific considerations
| Local point | What it means |
|---|---|
| Appointment required | The county's probate page says an appointment with the clerk or a deputy clerk is required before probate or qualification. |
| Pre-appointment application | The county page instructs families to complete the application first and says the office will contact them within two to three business days. |
| Local probate tax applies | Northampton County imposes the local probate tax allowed by Va. Code §§ 58.1-1718 and 58.1-3805, so the opening cost includes the state probate tax and the local add-on when the probate tax applies. |
| Commissioners in Eastville | The Judiciary's commissioner of accounts roster lists two Northampton commissioners with Eastville offices. The commissioner assigned to the estate settlement supervises inventories and accounts after qualification. |
Recent updates
Scenarios
| Situation | Likely Northampton County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by calling the Northampton County clerk at (757) 678-0465 because an appointment and pre-appointment application are required. If a will must be admitted or a personal representative must qualify, the appointment is at the clerk's office in Eastville. Northampton County imposes the local probate tax under Va. Code §§ 58.1-1718 and 58.1-3805. | Sunset helps identify accounts, debts, beneficiary designations, and whether the home appears to be the only major asset before the spouse starts the estate settlement process. |
| Out-of-state adult child with small estate | If the entire personal probate estate is no more than $75,000, effective July 1, 2025, the Virginia small-estate affidavit may be used with the asset holder instead of qualification (Va. Code §§ 64.2-600 and 64.2-601). If qualification is needed, the child can serve from out of state but must sign CC-1610 and should expect surety questions under Va. Code §§ 64.2-1426 and 64.2-1411. Northampton participates in VJEFS for attorneys in eligible civil matters, but self-represented qualification is by clerk appointment. | Sunset helps locate accounts and generate the probate packet, then can connect the family with a local attorney if an in-person appointment or surety issue is hard to manage from outside Virginia. |
| Parent settling predeceased child's estate, home must be sold | Call the clerk for the appointment and application. If a personal representative must qualify to handle the sale, the clerk issues the certificate of qualification, then the Northampton commissioner of accounts supervises the inventory due within four months under Va. Code § 64.2-1300 and the first account due within 16 months under Va. Code § 64.2-1304. | Sunset helps organize asset discovery, prepare estate settlement documents, and connect the parent with a vetted attorney for sale authority, title, creditor, and commissioner of accounts questions. |
Self-help resources
| Resource | How it helps |
|---|---|
| Northampton Circuit Court, Virginia Judiciary | Clerk's office address, phone, fax, hours, judges, and term dates. |
| Probate of Wills, Northampton County government | Local probate FAQ with the appointment requirement, pre-appointment application instruction, local probate tax information, and general Northampton County process notes. |
| Circuit court fiduciary forms, Virginia Judiciary | Statewide forms used for probate, qualification, notices, inventories, accounts, and related fiduciary filings. |
| Commissioners of Accounts directory, Virginia Judiciary | Directory for the Northampton commissioner or commissioners of accounts who supervise inventories and accounts after qualification. |
When to hire an attorney
Consider a Virginia probate attorney if the will may be contested, the estate owns real estate that must be sold, a nonresident personal representative needs help with surety or appointment logistics, creditors are disputed, or the commissioner of accounts asks for corrected filings. Sunset connects to a vetted attorney
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and helps families organize what the decedent owned, what was jointly held, and what may pass outside probate.
Generate the probate packet. Sunset turns the estate information into a practical packet for the Northampton County clerk appointment, including the details families need for statewide Virginia forms and the local pre-appointment application call.
Find a local probate attorney. When a sale, dispute, nonresident qualification issue, or commissioner of accounts question needs legal help, Sunset can connect the family with a vetted Virginia probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, track next steps, and move from asset discovery to probate paperwork without paying Sunset.
Frequently asked questions
Where do I file to probate a will in Northampton County?
File with the Clerk of the Circuit Court at 5229 The Hornes in Eastville. 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 Northampton County?
Yes. Northampton County's probate page says an appointment with the clerk or a deputy clerk is required. It also says to complete the application before coming in and that the office will contact you within two to three business days.
Do I have to go before a judge to be appointed in Northampton County?
No. In Virginia, 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). A circuit court judge becomes involved only in contested or judge-side matters.
Can I file Northampton County probate papers online?
Self-represented qualification is handled through the clerk's appointment process. Northampton participates in VJEFS for attorneys and their designated staff in eligible civil matters, but that does not create an online qualification path for a self-represented personal representative.
Can I see a Northampton County estate file on a free public website?
No free public website shows Northampton County estate files. The statewide OCIS system covers other case categories and does not include probate records. For recorded wills and lists of heirs, contact the Northampton County clerk's records room.
What will it cost to probate a will in Northampton County?
The state probate tax is 10 cents per $100 for estates over $15,000, unchanged since 2003 (Va. Code § 58.1-1712). Northampton County also imposes the local probate tax equal to one-third of the state tax (Va. Code §§ 58.1-1718 and 58.1-3805). Statutory qualification and recording charges under Va. Code § 17.1-275, effective July 1, 2022, may also apply.
Does Northampton County charge a local probate tax?
Yes. Northampton County's probate page states that a local probate tax is charged in addition to the state probate tax. The local tax is the one-third local option allowed by Va. Code §§ 58.1-1718 and 58.1-3805.
Where do I send the inventory and accounts after I qualify?
Send them to the commissioner of accounts assigned for the estate, not to the clerk. The inventory is due within four months after qualification (Va. Code § 64.2-1300), and the first account is due within 16 months of 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.