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Patrick County, VA Probate Information
Quick facts
| Item | Patrick County details |
|---|---|
| Court | Patrick County Circuit Court, handled by the Clerk of the Circuit Court |
| Courthouse address | 101 W. Blue Ridge Street, Stuart, VA 24171 |
| Mailing address | P.O. Box 148, Stuart, VA 24171-1577 |
| Phone | (276) 694-7213 |
| Fax | (276) 694-6943 |
| Hours | 9:00 a.m. to 5:00 p.m., Monday through Friday. The court page lists separate deed-recording and passport windows, but no Patrick County probate-specific cutoff. |
| Probate tax and clerk charges | The state probate tax is 10 cents per $100 for estates over $15,000, unchanged since 2003 (Va. Code § 58.1-1712). A county may add a local probate tax equal to one-third of the state tax, so ask the Patrick County clerk to confirm the total when you call (Va. Code § 58.1-1718). |
| Local forms | No Patrick County local probate packet or cover sheet is published. Use the statewide Virginia Circuit Court fiduciary forms. |
| Electronic filing | Patrick County is not listed as a VJEFS participating circuit court. Plan to contact the Stuart clerk's office about the required papers and whether any step can be handled by mail. |
| Estate records | No free public internet portal shows Patrick County estate files. Recorded wills and related will-book records are handled through the clerk's office. |
| Remote appearance | No Patrick County remote-qualification practice is published. Virginia circuit courts may allow phone or video in civil proceedings when authorized by the court, but qualification before the clerk is normally a clerk appointment or counter process (Va. Code § 17.1-513.2). |
| Website | https://www.vacourts.gov/courts/circuit/patrick/home |
Before you begin — know the assets and liabilities
Before calling the Patrick County clerk, make a working list of the assets, debts, will status, heirs, beneficiaries and any real estate. The clerk will need enough information to decide whether a will can be admitted, whether someone should qualify as personal representative, and which statewide forms apply.
Sunset's estate settlement platform can help assemble that picture before the Stuart appointment. Sunset's 2,300-institution asset discovery helps families identify accounts and assets that may otherwise be missed.
Which court handles jurisdiction
File in Patrick County when the decedent had a known place of residence in Patrick County (Va. Code § 64.2-443). The venue rule also matters when someone died in a nursing home or similar facility away from home, because Virginia presumes the legal residence stayed where it was before the move unless that presumption is rebutted.
The Clerk of the Circuit Court in Stuart serves all of Patrick County, including Stuart, Meadows of Dan, Woolwine, Ararat and Critz. Patrick County is in the Twenty-first Judicial Circuit and has its own clerk's office and courthouse in Stuart (Va. Code § 17.1-506).
The jurisdiction process
- Call the Patrick County Clerk of the Circuit Court at (276) 694-7213 before going to 101 W. Blue Ridge Street. Ask what the clerk wants you to bring, whether an appointment is needed, and how to handle any question about mailed documents.
- Gather the original will if there is one, a death certificate, names and addresses of heirs and beneficiaries, a list of assets and debts, and information about Patrick County real estate.
- Complete the statewide Virginia Circuit Court forms the clerk requires for your situation. Common forms include CC-1650 for probate information, CC-1651 for the probate tax return when required, CC-1611 for the list of heirs, CC-1610 for a nonresident fiduciary, and CC-1625 for the certificate of qualification.
- Go to the clerk's office in Stuart to offer the will for probate, if there is a will, and to qualify as personal representative if qualification is needed. In Virginia, qualify means being appointed and sworn in by the clerk (Va. Code § 64.2-444).
- Pay the state probate tax and clerk charges due at opening. The state probate tax is 10 cents per $100 for estates over $15,000, unchanged since 2003 (Va. Code § 58.1-1712). Patrick County's local probate tax status should be confirmed with the clerk because localities may impose one-third of the state tax (Va. Code § 58.1-1718).
- After qualification or admission of the will, send the required notice to heirs and beneficiaries within 30 days and record the notice affidavit within four months (Va. Code § 64.2-508).
- Use the certificate of qualification to deal with banks, buyers, insurers and other institutions. A judge is involved only if a matter is contested or appealed under the Virginia probate statutes.
- Work with the commissioner of accounts for the Twenty-first Judicial Circuit after qualification. The inventory is returned to the commissioner of accounts within four months after the order conferring authority, and the first account is due within 16 months of qualification (Va. Code §§ 64.2-1300 and 64.2-1304). That commissioner-supervised accounting is a core part of Virginia estate settlement.
Forms and documents
Probate forms in Patrick County
Patrick County uses the statewide Virginia Circuit Court fiduciary forms. The clerk's court page does not publish a Patrick County probate packet, checklist or local cover sheet.
| Form | Use in Patrick County |
|---|---|
| CC-1650, Probate information form | Information the clerk uses at the probate or qualification appointment. |
| CC-1651, Probate tax return | Used when the estate value requires a Virginia probate tax return under Va. Code § 58.1-1714. |
| CC-1611, List of heirs | Filed at qualification or when a will is presented and nobody qualifies (Va. Code § 64.2-509). |
| CC-1610, Consent of nonresident fiduciary for service of process | Required when a nonresident qualifies as a fiduciary (Va. Code § 64.2-1426). |
| CC-1625, Certificate / letter of qualification | The authority document the clerk issues after qualification (Va. Code § 64.2-506). |
| CC-1670, Inventory of decedent's estate | Returned to the commissioner of accounts within four months after the order conferring authority (Va. Code § 64.2-1300). |
| CC-1680, Account for decedent's estate | Used for the first account, due within 16 months of qualification (Va. Code § 64.2-1304). |
| CC-1685, Small estate affidavit | Statewide small-estate affidavit for qualifying personal probate estates of $75,000 or less, effective July 1, 2025 (Va. Code §§ 64.2-600 and 64.2-601). It is presented to the holder of the asset, not filed with the Patrick County clerk. |
Forms index: https://www.vacourts.gov/forms/circuit/fiduciary
Self-help probate forms: https://selfhelp.vacourts.gov/page/37/probate-forms
Recent updates
Scenarios
| Scenario | Likely Patrick County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Call the Stuart clerk before going in, then bring the will, death certificate, asset information and heir information to 101 W. Blue Ridge Street. Patrick County real estate can affect the state probate tax calculation under Va. Code §§ 58.1-1712 and 58.1-1713 even when title issues are handled separately. | Sunset helps identify accounts, organize the asset list, and prepare a probate packet for the clerk appointment. |
| Out-of-state adult child with small estate | Patrick County is not a VJEFS participating circuit court, and no public online qualification process is published. Call (276) 694-7213 to ask what can be handled by mail. A nonresident may qualify, but must sign CC-1610 and should expect questions about surety under Va. Code §§ 64.2-1426 and 64.2-1411. If the statewide small-estate affidavit route fits, CC-1685 is presented to the bank or holder, not filed at the Stuart counter. | Sunset helps decide whether full qualification looks necessary, gathers institution details, and connects the family with local counsel when travel or surety issues make the case harder. |
| Parent settling predeceased child's estate, home must be sold | If a home must be sold through the estate, plan for qualification at the Patrick County clerk's office in Stuart. After qualification, the commissioner of accounts for the Twenty-first Judicial Circuit supervises the inventory and account, with the inventory due within four months and the first account due within 16 months under Va. Code §§ 64.2-1300 and 64.2-1304. | Sunset helps build the asset and debt inventory, prepare forms, and find a probate attorney if a sale, creditor issue or family dispute needs legal advice. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Patrick Circuit Court, Virginia Judiciary | Clerk address, phone, fax, hours and circuit information for Patrick County probate and qualification. | https://www.vacourts.gov/courts/circuit/patrick/home |
| Virginia Judiciary fiduciary forms | Statewide probate and fiduciary forms used in Patrick County. | https://www.vacourts.gov/forms/circuit/fiduciary |
| Commissioners of Accounts directory | Finds the current Patrick County commissioner of accounts and explains the commissioner system. | https://www.vacourts.gov/courts/circuit/resources/coa/home |
| Virginia Judiciary self-help probate forms | Plain-language index to Virginia probate forms and related statewide form links. | https://selfhelp.vacourts.gov/page/37/probate-forms |
| Virginia Legal Aid Society, Danville office | General civil legal aid for qualifying low-income residents in Patrick County. Ask at intake whether a specific estate issue is within scope. | 519 Main Street, Danville, VA 24541. Phone (434) 799-3550. Fax (434) 799-5739. https://www.vlas.org/location-staff |
When to hire an attorney
Consider a Virginia probate attorney if the will is disputed, a nonresident fiduciary needs help with surety, a Patrick County home must be sold through the estate, creditors are pressing, or family members disagree about who should qualify. 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 identify bank accounts, investments, insurance, real estate clues and debts before the Patrick County clerk appointment.
Generate the probate packet. Sunset turns the family's answers into an organized estate settlement packet using the statewide Virginia forms and the local Patrick County clerk details.
Find a local probate attorney. When a case needs legal advice, Sunset helps connect the family with a Virginia probate attorney who can handle contested issues, real estate sales, creditor questions or nonresident fiduciary concerns.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, track assets and prepare for the next step without paying Sunset.
Frequently asked questions
Where do I file probate papers in Patrick County?
Use the Patrick County Clerk of the Circuit Court at 101 W. Blue Ridge Street in Stuart. The mailing address is P.O. Box 148, Stuart, VA 24171-1577.
Does Patrick County let me open an estate through VJEFS?
Patrick County is not listed as a VJEFS participating circuit court. VJEFS is a Virginia Judiciary system for Virginia State Bar members and their staff, so a self-represented family should call the Stuart clerk's office about the required papers and process.
Do I have to appear before a judge to qualify in Patrick County?
No. In Virginia, the Clerk of the Circuit Court may admit wills, appoint and qualify executors and administrators, and take the required bond in the same manner and with like effect as the circuit court (Va. Code § 64.2-444). A circuit court judge becomes involved only if a matter is contested or appealed.
Can I check Patrick County estate records through a free public internet portal?
No free public internet portal shows Patrick County estate files. OCIS is not a probate or fiduciary records system. For recorded wills and related will-book records, contact the Patrick County clerk's office.
Are there Patrick County probate forms?
Patrick County does not publish a local probate packet or cover sheet. Use the statewide Virginia Circuit Court fiduciary forms, including CC-1650, CC-1651, CC-1611, CC-1610 when a nonresident qualifies, CC-1625, CC-1670 and CC-1680.
What should I ask the Patrick County clerk about costs?
Ask the clerk for the total due at the appointment. The state probate tax is 10 cents per $100 for estates over $15,000, unchanged since 2003 (Va. Code § 58.1-1712). Virginia law also allows a county to impose a local probate tax equal to one-third of the state tax, so the Patrick County total should be confirmed with the clerk (Va. Code § 58.1-1718).
Can an out-of-state adult child qualify in Patrick County?
Yes. A nonresident may qualify, but must file the written consent to service of process, CC-1610, and should be ready for surety questions unless a Virginia resident qualifies at the same time or the clerk waives surety under the Virginia rules (Va. Code §§ 64.2-1426 and 64.2-1411).
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.