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Rappahannock County, VA Probate Information
Quick facts
| Item | Rappahannock County details |
|---|---|
| Court and filing officer | Rappahannock County Circuit Court, Clerk of the Circuit Court |
| Courthouse address | 238 Gay Street, Washington, VA 22747 |
| Mailing address | P.O. Box 517, Washington, VA 22747-0517 |
| Phone | (540) 675-5350. No separate probate-only line is posted. |
| Fax | (540) 675-5351, but the clerk's office no longer accepts court filings by fax. |
| Hours | 8:30 a.m. to 4:30 p.m., Monday through Friday. Recordation cutoff is 4:00 p.m. |
| Opening cost | State probate tax is 10 cents per $100 for estates over $15,000 (Va. Code § 58.1-1712, unchanged from 2003), plus Rappahannock County's local probate tax equal to one third of the state tax (Va. Code § 58.1-1718; Rappahannock County Code § 151-1, amended May 4, 2026), plus statutory qualification and recording fees. |
| Local forms | No Rappahannock-specific probate packet is posted. Use the statewide Virginia Circuit Court CC forms. |
| VJEFS status | Rappahannock Circuit Court is not listed as a participating Virginia Judiciary eFiling System court. VJEFS is attorney-only and does not cover qualification before the clerk. |
| Case information | No free public internet portal shows Rappahannock County estate files. Recorded will-book materials are handled through the clerk's office and any paid secure remote access the clerk makes available. |
| Remote appearance | No Rappahannock-specific remote qualification policy is posted. Qualifying before the clerk is normally an in-person appointment, and any civil hearing by phone or video is at the court's discretion under Va. Code § 17.1-513.2. |
| Website | https://www.rappahannockcountyva.gov/government/departments/clerk_of_the_circuit_court.php and https://www.vacourts.gov/courts/circuit/rappahannock/home |
Before you begin — know the assets and liabilities
Before you call the Rappahannock County clerk, make a working list of assets, debts, account titles, real estate, vehicles, and known heirs or beneficiaries. The clerk can tell you what to bring to the appointment, but the clerk cannot value the estate or decide who should serve.
Sunset's estate settlement tools help you identify accounts and assets before you start. Sunset searches across more than 2,300 financial institutions so you can walk into the Washington clerk's office with a clearer picture of what needs qualification and what may pass outside a full estate administration.
Which court handles jurisdiction
Rappahannock County estates are opened at the Rappahannock County Circuit Court clerk's office in Washington, Virginia. Rappahannock County is part of the Twentieth Judicial Circuit with Fauquier and Loudoun counties, but each county has its own clerk and its own courthouse.
Virginia venue is based on the county or city where the decedent had a known place of residence (Va. Code § 64.2-443). If a Rappahannock County resident died while staying in a nursing home or similar institution elsewhere, Virginia law presumes the prior legal residence remains the residence unless that presumption is rebutted.
The jurisdiction process
- Gather the original will if there is one, a death certificate, a preliminary asset and debt list, names and addresses of heirs and beneficiaries, and the statewide CC forms the clerk asks you to bring.
- Contact the Rappahannock County Clerk of the Circuit Court at (540) 675-5350 before going to 238 Gay Street in Washington. The public pages do not state a probate appointment rule, so call ahead for the clerk's current intake instructions.
- Appear before the clerk to probate the will, if any, and qualify as personal representative, which is Virginia's word for being appointed and sworn. The clerk, not a judge, admits wills and qualifies executors or administrators in ordinary matters (Va. Code § 64.2-444).
- Pay the state probate tax, any Rappahannock County local probate tax, and statutory qualification and recording fees. State probate tax is governed by Va. Code § 58.1-1712, and the local probate tax is imposed under Va. Code § 58.1-1718 and Rappahannock County Code § 151-1.
- Receive the certificate of qualification, CC-1625, after the clerk qualifies you. Financial institutions use that certificate as proof of your authority as personal representative (Va. Code § 64.2-506).
- Send the required notice of probate or qualification to the people entitled to notice within 30 days, then record the notice affidavit with the clerk within four months (Va. Code § 64.2-508).
- If a matter becomes contested, it may need a circuit court judge rather than the clerk. Rappahannock County terms of court begin at 9:00 a.m. on the second Monday of January, March, May, July, September, and November, but ordinary qualification does not wait for a court term.
- Ask the clerk or the commissioner of accounts how your inventory and account will be assigned. File the inventory with the commissioner of accounts within four months after qualification, and file the first account with the commissioner of accounts within 16 months after qualification (Va. Code §§ 64.2-1300, 64.2-1304).
- Administer the estate, pay proper expenses and claims, distribute remaining property, and close the estate settlement through the commissioner of accounts, using an account or a statement in lieu when Virginia law allows it.
Forms and documents
Probate forms in Rappahannock County
Rappahannock County does not post a local probate packet, checklist, or cover sheet. Use the statewide Virginia Circuit Court CC forms, and call the clerk before your visit to learn which forms the office wants completed before you arrive.
| Form | Use in Rappahannock County |
|---|---|
| CC-1650, Probate Information Form | Information the clerk commonly collects for a probate or qualification appointment. |
| CC-1651, Probate Tax Return | Used when the estate is large enough to require the probate tax return under Va. Code § 58.1-1714. |
| CC-1610, Consent of Nonresident Fiduciary for Service of Process | Required when a nonresident personal representative qualifies under Va. Code § 64.2-1426. |
| CC-1611, List of Heirs | Filed at qualification or when a will is presented and nobody qualifies, as required by Va. Code § 64.2-509. |
| CC-1612, List of Heirs / Real Estate Affidavit | Used for the real-estate affidavit route under Va. Code § 64.2-510. |
| CC-1616 and CC-1617 | Notice Regarding Estate and Affidavit of Notice Regarding Estate under Va. Code § 64.2-508. |
| CC-1625, Certificate / Letter of Qualification | The authority document issued after qualification. |
| CC-1670, Inventory of Decedent's Estate | Filed with the commissioner of accounts after qualification. |
| CC-1680 or CC-1681 | Account for Decedent's Estate or Statement in Lieu of Settlement of Account, filed with the commissioner of accounts when available under Virginia law. |
| CC-1685 | Small Estate Affidavit for the statewide small-estate process. It is presented to the asset holder, not filed with the clerk. |
Fees
Rappahannock County imposes a local probate tax. The state probate tax is 10 cents per $100 for estates over $15,000 (Va. Code § 58.1-1712, unchanged from 2003). Rappahannock County Code § 151-1, amended May 4, 2026, adds a county tax equal to one third of the state probate tax under the authority of Va. Code § 58.1-1718.
Rappahannock County Code § 151-1 also imposes a $25 local fee, amended May 4, 2026, for recording a list of heirs or real estate affidavit when the state fee in lieu under Va. Code § 58.1-1717.1 applies. Ask the clerk for the current total before your appointment because the total depends on the estate value, the documents recorded, and the number of certified copies requested.
Local nuance
Rappahannock County-specific considerations
| Local point | What it means for a Rappahannock County estate |
|---|---|
| No email or fax filings | Effective December 2, 2024, the clerk's office no longer accepts court filings by email, email attachment, email link, or facsimile. Plan to use the clerk's accepted in-person, mail, or other current filing method. |
| Recordation cutoff | The clerk's public hours run until 4:30 p.m., but documents presented after 4:00 p.m. are recorded the next business day. |
| Local probate tax | Rappahannock County imposes a local probate tax equal to one third of the state probate tax under Va. Code § 58.1-1718 and County Code § 151-1. |
| Commissioner of accounts | The statewide commissioner directory lists multiple commissioners assigned to Rappahannock County, with offices in Washington, Culpeper, and Warrenton. Use the directory or the clerk's instructions to identify where your inventory and account should go. |
| Land record access | The clerk offers a free searchable land-record index from January 5, 1987 to present, and paid secure remote access by subscription. The clerk's page does not state that will-book images are included in that subscription. |
Recent updates
| Date | Local update |
|---|---|
| May 4, 2026 | Rappahannock County amended County Code § 151-1 to impose the local probate tax under Va. Code § 58.1-1718 and the local fee for list-of-heirs and real-estate-affidavit recordings. |
| December 2, 2024 | The Rappahannock County clerk's office stopped accepting court filings by email, email attachment, email link, or facsimile. |
Scenarios
| Scenario | Likely Rappahannock County path | Where Sunset helps |
|---|---|---|
| surviving spouse w/ co-owned home | Start by confirming how the home is titled and what assets are solely in the decedent's name. If a will must be probated or a personal representative must qualify, contact the clerk in Washington before going to 238 Gay Street. | Sunset helps identify accounts, debts, and title clues so the spouse can distinguish assets that need clerk action from assets that may pass outside full estate settlement. |
| out-of-state adult child w/ small estate | If the personal probate estate fits the statewide Small Estate Affidavit process, the current ceiling is $75,000 effective July 1, 2025 (Va. Code §§ 64.2-600 through 64.2-601). If you must qualify instead, expect to sign CC-1610 as a nonresident fiduciary and ask the clerk about bond and surety. | Sunset helps assemble account information and generates a probate packet so an out-of-state child can make fewer trips to Washington, Virginia. |
| parent settling predeceased child's estate, home must be sold | Call the clerk and speak with a Virginia probate attorney before signing a sale contract. Depending on the will, title, debts, and heirs, the path may involve qualification, a list of heirs, a real estate affidavit, or court involvement if the matter becomes contested. | Sunset helps organize the estate settlement record, identify assets and liabilities, and connect the family with a vetted attorney when real estate authority needs legal review. |
Self-help resources
| Resource | How it helps | Website or phone |
|---|---|---|
| Rappahannock County Clerk of the Circuit Court | Local clerk's office for probate appointments, qualification, recorded wills, land records, hours, and payment instructions. | https://www.rappahannockcountyva.gov/government/departments/clerk_of_the_circuit_court.php, (540) 675-5350 |
| Virginia Judicial System page for Rappahannock Circuit Court | Judiciary page for the court address, phone, fax, hours, court terms, and official court information. | https://www.vacourts.gov/courts/circuit/rappahannock/home |
| Virginia commissioners of accounts directory | Search by jurisdiction to find the commissioner of accounts assigned to a Rappahannock County estate and to review statewide commissioner resources. | https://www.vacourts.gov/courts/circuit/resources/coa/home |
| Virginia Circuit Court forms | Statewide CC forms for probate, qualification, inventories, accounts, notices, and small-estate paperwork. | https://www.vacourts.gov/forms/home |
| Virginia self-help probate forms | Self-help page collecting probate-related statewide forms. | https://selfhelp.vacourts.gov/page/37/probate-forms |
| Legal Aid Works, Culpeper office | General civil legal aid resource serving Rappahannock County. The office page does not list probate administration as a service. | https://www.legalaidworks.org/culpeper/ |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset helps families build an estate settlement inventory by finding financial accounts, insurance clues, debts, and other assets that may not be obvious in the first week after death.
Generate the probate packet. Sunset turns the information you provide into an organized packet for the Rappahannock County clerk, including the details commonly needed for Virginia qualification and notice paperwork.
Find a local probate attorney. When the estate involves a home sale, a dispute, a nonresident fiduciary issue, or questions from the commissioner of accounts, Sunset can connect the family with a vetted Virginia probate attorney.
Sunset is free for families. Families can use Sunset to organize the estate settlement, understand next steps, and prepare for the clerk's office without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Rappahannock County?
File with the Clerk of the Circuit Court for Rappahannock County at 238 Gay Street in Washington, Virginia. The mailing address is P.O. Box 517, Washington, VA 22747-0517.
Does Rappahannock County require a probate appointment?
The clerk's public pages do not state a probate appointment rule. Call (540) 675-5350 before going to the courthouse so the clerk can tell you what to bring and whether an appointment is needed.
Can I handle Rappahannock County qualification by email or fax?
No. Effective December 2, 2024, the clerk's office no longer accepts court filings by email, email attachment, email link, or facsimile. Qualification before the clerk is normally handled in person unless the clerk gives you different current instructions.
Can I use VJEFS for a Rappahannock County probate matter?
Rappahannock Circuit Court is not listed as a participating VJEFS court. VJEFS is for Virginia State Bar members and designated staff, and it does not cover qualification before the clerk.
Can I view a Rappahannock County estate file through a free public internet portal?
No free public internet portal shows Rappahannock County estate files. The clerk offers a free land-record index from January 5, 1987 to present, and paid secure remote access by subscription, but the clerk's page does not state that will-book images are included in that subscription.
How much probate tax does Rappahannock County charge?
The state probate tax is 10 cents per $100 for estates over $15,000 (Va. Code § 58.1-1712, unchanged from 2003). Rappahannock County also imposes a local probate tax equal to one third of the state tax under Va. Code § 58.1-1718 and County Code § 151-1, amended May 4, 2026.
Are there Rappahannock County probate forms?
No Rappahannock-specific probate packet is posted. Use the statewide Virginia Circuit Court CC forms, and call the clerk before your visit to ask which forms should be completed in advance.
Do I have to travel to Washington, Virginia, if I live out of state?
For ordinary qualification, expect to appear at the clerk's office in Washington unless the clerk gives different instructions. A nonresident personal representative can serve, but must file a written consent to service of process, CC-1610, and should ask about bond and surety under Va. Code § 64.2-1426.
What happens after I qualify as personal representative?
The clerk issues the certificate of qualification, and the estate then moves into administration with a commissioner of accounts. The inventory is due to the commissioner of accounts within four months after qualification, and the first account is due within 16 months after 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.