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City of Portsmouth, VA Probate Information
Quick facts
| Item | City of Portsmouth detail |
|---|---|
| Court and clerk | City of Portsmouth Circuit Court, Portsmouth Circuit Court Clerk's Office |
| Courthouse address | 1345 Court Street, Suite 101, Portsmouth, VA 23704 |
| Mailing address | P.O. Box 1217, Portsmouth, VA 23705-1217. For the local probate application, the clerk's form uses the street address. |
| Probate phone | (757) 393-8671, extension 5127 |
| Fax | (757) 393-2024 |
| Office email for the local application | [email protected] |
| Hours | Monday through Friday, 8:30 a.m. to 4:30 p.m. Probate is by appointment. |
| Appointment rule | Appointments are required, with no walk-ins. You must return the Application for Probate Appointment before the appointment is set. |
| Probate tax and fees | The Commonwealth probate tax applies under Va. Code § 58.1-1712. The City of Portsmouth imposes a local probate tax equal to one-third of the state tax under Va. Code §§ 58.1-1718, 58.1-3805 and City of Portsmouth Code of Ordinances § 35-496. The clerk publishes the combined rate as $1.33 per $1,000 of estate value, with the exact amount determined at the appointment. |
| Local forms | Yes. The clerk publishes a required Application for Probate Appointment. |
| E-filing status | VJEFS is for Virginia State Bar members and staff filing civil cases. It is not the route to qualify as a personal representative. The local probate application can be sent to the clerk by fax, email or post before the appointment. |
| Case search or records access | No free public estate-file portal. The clerk offers in-person public view stations and participates in Secure Remote Access, with wills and fiduciaries included in its records set and free index only access enabled. |
| Remote appearance | No published remote qualification practice. Qualification before the clerk is handled as an in-person appointment. |
| Website | https://www.portsmouthva.gov/probate |
Before you begin — know the assets and liabilities
Before you send anything to the Portsmouth probate division, make a practical inventory of what the decedent owned, what passed outside probate, and what debts or bills are still open. The local Application for Probate Appointment asks you to list assets in the decedent's name only and to leave out survivorship, payable-on-death and beneficiary assets, so that sorting step matters before the clerk will set the appointment.
Sunset can help with that first estate settlement step by searching across more than 2,300 financial institutions for accounts and assets, then organizing what belongs in the Portsmouth packet and what should stay out of it.
Which court handles jurisdiction
The City of Portsmouth is an independent city, not part of any county. A City of Portsmouth estate is opened with the Portsmouth Circuit Court Clerk's Office at 1345 Court Street, Suite 101, in Portsmouth, and no satellite probate location is published.
Virginia venue is based on the decedent's known place of residence: a will is offered for probate in the circuit court of the county or city where the decedent had that residence (Va. Code § 64.2-443). The same section says a person who became a patient in a nursing home, convalescent home or similar institution is rebuttably presumed to keep the residence they had before entering the facility, which matters if a Portsmouth resident died in a care facility elsewhere in Hampton Roads.
The City of Portsmouth alone constitutes the Third Judicial Circuit (Va. Code § 17.1-506). That means the judges who appoint the commissioner of accounts for a City of Portsmouth estate sit for this city and no other locality.
The jurisdiction process
- Complete the City of Portsmouth Application for Probate Appointment first. Include the information the clerk asks for, including the decedent's solely held assets, real estate addresses, heirs at law, and whether there is a will.
- Send the completed application to the probate division before trying to set the appointment. The clerk's form allows fax to (757) 393-2024, email to [email protected], or post to Portsmouth Circuit Court Clerk's Office, Probate Division, 1345 Court Street, Suite 101, Portsmouth, VA 23704. Include a copy of the will and death certificate.
- After the clerk has the application, call (757) 393-8671, extension 5127, to schedule the probate appointment. Appointments are required, and the clerk does not take walk-ins for probate.
- Prepare for the appointment. Bring the original will and any codicils, because the clerk keeps them and cannot accept copies. Bring a certified death certificate if available, or the alternative proof the clerk accepts, such as a funeral program, newspaper obituary or funeral home letter. Bring valid photo identification and payment.
- Attend the appointment at Suite 101, 1345 Court Street. Allow the extra time the clerk asks for to park and clear security, and read the Portsmouth Circuit Court Portable Electronic Device Policy before coming because the general public may not bring portable electronic devices into the courthouse.
- Pay the taxes and fees due at the appointment. The Commonwealth probate tax applies under Va. Code § 58.1-1712, and the City of Portsmouth local probate tax is imposed under Va. Code §§ 58.1-1718, 58.1-3805 and City of Portsmouth Code of Ordinances § 35-496. The clerk publishes the combined rate as $1.33 per $1,000 of estate value, with the exact amount determined at the appointment.
- Qualify before the Clerk of the Circuit Court if qualification is required. Qualification is Virginia's word for being appointed and sworn in. The clerk admits the will, if any, qualifies the executor or administrator, takes the required oath and bond, and issues a certificate of qualification (Va. Code §§ 64.2-444, 64.2-506).
- Send the required notice after qualification or admission of the will to probate, then record the notice affidavit with this clerk within the statutory period. The notice requirement is statewide and runs under Va. Code § 64.2-508.
- File the inventory and accounts with the commissioner of accounts, not with the clerk. The commissioner of accounts supervises the fiduciary after qualification, and the first account for a personal representative is governed by Va. Code § 64.2-1304.
- Administer and close the estate. Pay proper expenses and claims, work with the commissioner of accounts on the inventory, accounting or statement in lieu where available, obtain any needed certified copies from the clerk, and finish the estate settlement through the commissioner's office.
Executor duties
Local duties in the City of Portsmouth are mostly about sending the right document to the right office. The original will stays with the clerk, and the clerk's page says the office cannot accept copies, so make your own copy before the appointment.
The affidavit proving notice of probate is recorded with the clerk where the will is recorded (Va. Code § 64.2-508). By contrast, the inventory and accounts go to the commissioner of accounts for the Third Judicial Circuit, a private attorney appointed under Va. Code § 64.2-1200, not to the clerk's counter.
The clerk collects the Commonwealth probate tax under Va. Code § 58.1-1712 and the City of Portsmouth local probate tax imposed under Va. Code §§ 58.1-1718, 58.1-3805 and City of Portsmouth Code of Ordinances § 35-496. If estate real estate must be transferred or sold, land record work is handled through this clerk, which requires the Virginia Land Record Cover Sheet for land records and promotes VA Deed Alert for recorded property documents.
Forms and documents
Probate forms in the City of Portsmouth
The City of Portsmouth publishes one local probate document: the Application for Probate Appointment. It must be completed and returned to the probate division before the clerk will set a probate appointment.
The application asks for the applicant's information, the decedent's information, whether there is a will, solely held assets, real estate in the decedent's name, and the full names, ages, relationships and complete addresses of heirs at law. The form expressly tells you not to list accounts or policies with survivorship, payable-on-death or beneficiary designations.
Return the application by fax to (757) 393-2024, by email to [email protected], or by post to Portsmouth Circuit Court Clerk's Office, Probate Division, 1345 Court Street, Suite 101, Portsmouth, VA 23704. Include a copy of the will and death certificate.
Other probate documents use Virginia's statewide circuit court form set, including the probate information form, list of heirs, certificate of qualification, inventory, account, statement in lieu, and the newer small estate and creditor notice forms. Use the Virginia Judiciary circuit court forms index: https://www.vacourts.gov/forms/circuit/home
Fees
The City of Portsmouth imposes the optional local probate tax allowed by Va. Code §§ 58.1-1718 and 58.1-3805. City of Portsmouth Code of Ordinances § 35-496 sets the city tax at one-third of the Commonwealth tax, and the Commonwealth probate tax itself is imposed by Va. Code § 58.1-1712.
The clerk publishes the combined state and city rate as $1.33 per $1,000 of estate value. The exact amount is determined at the probate appointment, and fees and taxes are due that day. Do not treat that rate as the full amount you will pay, because statutory qualification and recording charges can also apply.
The clerk accepts cash, check, debit cards and credit cards. Card payments are Visa and Mastercard only, with a flat $2 service charge on card transactions of $50 or less and a 4 percent service charge above that. A photo ID is required for debit card, credit card and personal check transactions, checks are payable to Clerk of Circuit Court, and payments cannot be made by phone.
The clerk also publishes a $10 records search, copies at $0.50 per page and certification at $2. The statewide qualification fee and recording fee are set by Va. Code § 17.1-275.
Local nuance
City of Portsmouth-specific considerations
| Local point | What it means for a Portsmouth estate |
|---|---|
| Application before appointment | You must complete and return the Application for Probate Appointment before the probate division sets an appointment. Call (757) 393-8671, extension 5127, after the application is in. |
| No walk-ins | Probate appointments are required. The clerk asks you to allow extra time for parking and security, and arriving more than 15 minutes late can risk rescheduling. |
| Original will stays with the clerk | The clerk keeps the original will and any codicils and cannot accept copies. Make your own copy before the appointment. |
| Death proof options | The clerk accepts a certified death certificate, but also publishes alternatives: a funeral program, newspaper obituary or funeral home letter. |
| Local probate tax imposed | The City of Portsmouth imposes a local probate tax equal to one-third of the state tax under Va. Code §§ 58.1-1718, 58.1-3805 and City of Portsmouth Code of Ordinances § 35-496. The Commonwealth probate tax is under Va. Code § 58.1-1712. |
| Third Judicial Circuit | The City of Portsmouth alone constitutes the Third Judicial Circuit under Va. Code § 17.1-506, so its commissioner of accounts is appointed by judges who sit for this city only. |
| Portable electronic devices | The Portsmouth Circuit Court Portable Electronic Device Policy took effect January 29, 2026. The general public may no longer bring phones, laptops, tablets, smart watches and similar devices into the courthouse. |
| Recorded index access | The clerk participates in Secure Remote Access, includes wills and fiduciaries in its records set, and has enabled free index only access. Images still require a subscription from this clerk. |
Recent updates
| Date | Local change |
|---|---|
| January 29, 2026 | The Portsmouth Circuit Court's Portable Electronic Device Policy took effect, and the general public may no longer bring portable electronic devices into the courthouse. |
| February 11, 2026 | The clerk's Application for Probate Appointment was revised and must be completed and returned to the probate division before an appointment is set. |
| November 1, 2022 | The Portsmouth Circuit Court enabled free index only access to its public records through the Commonwealth's Secure Remote Access system, so no account or subscription is needed to search the recorded index, though viewing images still requires a subscription from this clerk. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start with the City of Portsmouth Application for Probate Appointment. The form tells you to list assets in the decedent's name only and not to list survivorship, payable-on-death or beneficiary assets, so a co-owned home may not be the asset that drives qualification. Send the application first, then set the appointment with the probate division. | Sunset helps separate probate assets from nonprobate transfers, organize the appointment packet, and identify whether the home or the solely held accounts are the reason a certificate of qualification is needed. |
| Out-of-state adult child with a small estate | Venue stays with the City of Portsmouth if the parent had a known place of residence in the city (Va. Code § 64.2-443). A nonresident can serve, but should expect to sign the Virginia consent to service of process and to address surety if the clerk requires it. The local application can be sent by fax or email before travel, and the appointment itself is in person. | Sunset helps gather account information before the trip, prepare the local application and statewide forms, and decide whether a statewide small-estate route may avoid qualification. |
| Parent settling a predeceased child's estate where the home must be sold | The local application asks for every Portsmouth real estate address in the decedent's name and whether it was jointly held. If sale authority or title clearing is needed, the clerk handles the land record work, the City of Portsmouth probate tax and local probate tax apply under Va. Code §§ 58.1-1712, 58.1-1718, 58.1-3805 and City of Portsmouth Code of Ordinances § 35-496, and the commissioner of accounts will supervise the estate settlement after qualification. | Sunset helps identify the assets and title issues, prepare the probate packet, and connect the family with a Virginia probate attorney for sale authority, deed work and creditor questions. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| City of Portsmouth Circuit Court Clerk's Office, probate division | Books the probate appointment after the Application for Probate Appointment is returned and gives procedural instructions about what to bring. | (757) 393-8671, extension 5127. 1345 Court Street, Suite 101, Portsmouth, VA 23704. https://www.portsmouthva.gov/probate |
| Portsmouth Circuit Court, Virginia Judiciary page | Lists the court address, hours, phone, fax, terms of court and the Portable Electronic Device Policy. | https://www.vacourts.gov/courts/circuit/portsmouth/home |
| Commissioners of Accounts directory | Search Portsmouth to find the commissioner of accounts who supervises fiduciaries after qualification. Inventories and accounts go to the commissioner, not the clerk. | https://www.vacourts.gov/courts/circuit/resources/coa/home |
| Virginia Judiciary circuit court forms | Statewide circuit court forms used in Portsmouth estates, including probate information, list of heirs, inventory and account forms. | https://www.vacourts.gov/forms/circuit/home |
| Virginia Judiciary self-help probate forms | Plain-language index to probate forms and what each form is for. | https://selfhelp.vacourts.gov/page/37/probate-forms |
| VA Deed Alert | Free notice service that emails when a document matching your name or parcel number is recorded in land records. | https://risweb.vacourts.gov/VADeedAlert |
| Secure Remote Access to Virginia land records | Portsmouth includes wills and fiduciaries in its records set and has free index only access. Viewing images requires a subscription from this clerk. | https://risweb.vacourts.gov/jsra/sra/#/home |
| Legal Aid Society of Eastern Virginia | General civil legal aid for financially eligible Portsmouth residents. Its published help areas include simple wills, advance medical directives and powers of attorney, not routine decedent estate settlement, so ask at intake. | Central intake: (757) 827-5078. Norfolk office: (757) 627-5423. https://laseva.org/what-we-do/apply-for-services/ |
When to hire an attorney
You can work with the City of Portsmouth probate division without a lawyer, but counsel makes sense when a Portsmouth house must be sold or title must be cleared, a will is disputed, creditors need a formal process, the commissioner of accounts directs a disputed claim into circuit court, an out-of-state personal representative is asked for surety, or the accounting will be substantial. Sunset connects families with a vetted Virginia probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help identify accounts, balances and possible probate assets before you send the City of Portsmouth Application for Probate Appointment.
Generate the probate packet. Sunset organizes the information the Portsmouth probate division asks for, including solely held assets, heirs at law, real estate addresses and the documents needed for qualification and estate settlement.
Find a local probate attorney. When the estate needs sale authority, creditor strategy, contested-will advice or help with a commissioner of accounts, Sunset can connect you with a vetted Virginia probate attorney.
Sunset is free for families. Families can use Sunset to understand the process, find assets, prepare for the clerk's appointment and decide when local legal help is needed.
Frequently asked questions
Where do I file probate in the City of Portsmouth?
File with the Portsmouth Circuit Court Clerk's Office, 1345 Court Street, Suite 101, Portsmouth, VA 23704. A will is offered in the circuit court of the 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 the City of Portsmouth?
Yes. The probate division requires appointments and does not take walk-ins. You must return the Application for Probate Appointment before the appointment is set, then call (757) 393-8671, extension 5127.
What is the Application for Probate Appointment?
It is the City of Portsmouth clerk's required local probate form. It asks for the decedent's information, the applicant's information, solely held assets, real estate in the decedent's name, and heirs at law. Send it to the probate division by fax, email or post with a copy of the will and death certificate.
What should I bring to my probate appointment in the City of Portsmouth?
Bring the original will and any codicils, valid photo identification, payment, asset information and heir information. The clerk keeps the original will and cannot accept copies. The clerk accepts a certified death certificate, or alternatives such as a funeral program, newspaper obituary or funeral home letter.
Does the City of Portsmouth charge a local probate tax?
Yes. The Commonwealth probate tax applies under Va. Code § 58.1-1712, and the City of Portsmouth imposes a local probate tax equal to one-third of the state tax under Va. Code §§ 58.1-1718, 58.1-3805 and City of Portsmouth Code of Ordinances § 35-496. The clerk publishes the combined rate as $1.33 per $1,000 of estate value.
How do I pay probate taxes and fees in the City of Portsmouth?
Taxes and fees are due at the appointment. The clerk accepts cash, checks, Visa and Mastercard. Card payments carry a flat $2 service charge on transactions of $50 or less and a 4 percent service charge above that, and the clerk does not take payments by phone.
Are there local probate forms in the City of Portsmouth?
Yes. The local form is the Application for Probate Appointment, and it must be returned before an appointment is set. Other probate documents come from the statewide Virginia circuit court forms index.
Can I view a City of Portsmouth estate file on the internet?
There is no free public portal for following a Portsmouth estate file. The clerk provides in-person public view stations and participates in Secure Remote Access. Portsmouth includes wills and fiduciaries in its records set and has free index only access, but document images require a subscription from this clerk.
Do I have to travel to Portsmouth if I live out of state?
If you need to qualify as personal representative, the published local practice is an in-person appointment with the clerk. The local application can be sent by fax or email before you travel. A nonresident fiduciary can serve in Virginia but must file the required consent to service of process under Va. Code § 64.2-1426.
Where do I send the inventory and accounts?
Send the inventory and accounts to the commissioner of accounts for the Third Judicial Circuit, not to the clerk. The commissioner is a private attorney appointed under Va. Code § 64.2-1200, and the first account for a personal representative is governed by Va. Code § 64.2-1304.
Can I bring my phone into the Portsmouth courthouse?
The Portsmouth Circuit Court's Portable Electronic Device Policy took effect January 29, 2026. The general public may no longer bring phones, laptops, tablets, smart watches and similar devices into the courthouse, so read the court's policy before your appointment.
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.