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Russell County, VA Probate Information
Quick facts
| Item | Russell County information |
|---|---|
| Court | Russell Circuit Court, Twenty-ninth Judicial Circuit of Virginia. Probate and qualification are handled by the Clerk of the Circuit Court. |
| Courthouse address | 83 East Main Street, Lebanon, VA 24266 |
| Mailing address | P.O. Box 435, Lebanon, VA 24266-0435 |
| Phone | (276) 889-8023. No separate probate line is listed, so call this office number before going to the courthouse. |
| Fax | (276) 889-8003 |
| Hours | 8:30 a.m. to 4:30 p.m., Monday through Friday. No lunch closure or probate intake cutoff is listed. |
| Cost to open | The state probate tax is 10 cents per $100 of estate value, with estates of $15,000 or less exempt (Va. Code § 58.1-1712, amount in effect since July 1, 2003), plus statutory qualification and recording charges. A county may add a local probate tax equal to one-third of the state tax (Va. Code §§ 58.1-1718, 58.1-3805), so ask the clerk for the total when you call. |
| Local forms | No Russell-specific probate packet, checklist, cover sheet or fee sheet is listed. Use the Virginia Judiciary's statewide circuit court fiduciary forms. |
| VJEFS status | Russell County participates in VJEFS for attorney civil filings. VJEFS is for Virginia State Bar members and designated staff, and it does not replace qualification at the clerk's counter. |
| Case access | No free public portal shows Russell County estate files. The county offers paid Secure Remote Access for land records, wills and fiduciary documents by subscription through the clerk's office. |
| Remote appearance | No current Russell County page lists a video or mail option for qualification. Plan to appear at the clerk's counter unless the clerk gives you different instructions. |
| Website | Russell Circuit Court, Virginia Judiciary; Russell County Clerk of Circuit Court |
Before you begin — know the assets and liabilities
Before you call the Russell County clerk, make a working list of the decedent's assets, debts, real estate, beneficiaries and heirs. The clerk will need enough information to decide whether a will should be admitted, whether someone must qualify as personal representative, and what tax and recording charges apply.
Sunset's estate settlement process starts by finding accounts and assets across more than 2,300 financial institutions, then organizing what belongs in the probate packet. That preparation helps you have a focused call with the Lebanon clerk's office and the commissioner of accounts.
Which court handles jurisdiction
Russell County estates are opened at the Clerk of the Circuit Court's office, 83 East Main Street in Lebanon. Russell County is part of the Twenty-ninth Judicial Circuit with Buchanan, Dickenson and Tazewell counties, but Russell County has its own clerk's office and its own courthouse.
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 a known place of residence (Va. Code § 64.2-443). If the decedent was a Russell County resident, start at the Lebanon clerk's counter even if the decedent died somewhere else.
The jurisdiction process
- Call the Clerk of the Circuit Court at (276) 889-8023 before going to 83 East Main Street in Lebanon. The Russell County pages do not list an appointment rule, so ask what the clerk wants you to bring for a will, death certificate, list of heirs and qualification.
- Prepare the statewide Virginia forms that fit the situation. Common forms include the Probate Information Form, the Probate Tax Return when required, the List of Heirs, the Consent of Nonresident Fiduciary for Service of Process if the personal representative lives outside Virginia, and the Certificate / Letter of Qualification form used by the clerk.
- Bring the original will, if there is one, and the information needed for the clerk to admit the will and qualify the executor or administrator. In Virginia, qualify means being appointed and sworn in as personal representative, and the clerk may do this in the same manner and with the same effect as the circuit court (Va. Code § 64.2-444).
- Pay the state probate tax and statutory charges at the clerk's office. The state probate tax is 10 cents per $100 of value, with estates of $15,000 or less exempt (Va. Code § 58.1-1712, amount in effect since July 1, 2003). A county may add a local probate tax equal to one-third of the state tax (Va. Code §§ 58.1-1718, 58.1-3805), so ask the clerk for the exact total.
- After qualification or admission of the will, send the required notice regarding the estate to the people entitled to notice within 30 days, then record the affidavit of notice with the clerk within four months (Va. Code § 64.2-508).
- Do not expect a routine court hearing to open an ordinary estate. Qualification is handled by the clerk. A judge becomes involved only if a dispute, appeal or other judge-side request is made under Virginia law.
- Use the certificate of qualification the clerk issues to collect estate assets, work with banks and transfer agents, and manage estate business. A bank or transfer agent presented with a currently effective certificate must accept or reject it within seven business days, subject to the statutory exceptions (Va. Code § 64.2-520.2).
- Work with the Russell County commissioner of accounts after qualification. The inventory goes to the commissioner of accounts 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). Estate settlement continues through the commissioner until the required account, statement in lieu, or other closing step is complete.
Forms and documents
Probate forms in Russell County
Russell County does not list a local probate packet, checklist, cover sheet or local probate fee sheet. Use the statewide Virginia Circuit Court fiduciary forms and call the clerk at (276) 889-8023 if you are unsure which forms the clerk wants for your appointment.
| Form | Use in Russell 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 is large enough to require the state probate tax return. |
| CC-1610, Consent of Nonresident Fiduciary for Service of Process | Used when a nonresident personal representative qualifies in Virginia (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 after the clerk qualifies the personal representative. |
| CC-1670, Inventory of Decedent's Estate | Sent to the commissioner of accounts after qualification. |
| CC-1680, Account for Decedent's Estate | Used for the accounting handled by the commissioner of accounts. |
| CC-1685, Small Estate Affidavit | Used with an asset holder when the statewide small-estate affidavit route applies. It is not filed with the Russell County clerk. |
| CC-1686 and CC-1687 | Used only if the personal representative chooses Virginia's optional creditor notice process under Va. Code § 64.2-508.1. |
Recent updates
Scenarios
| Persona | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start with the Clerk of the Circuit Court in Lebanon. Even when real estate passes outside active administration, Virginia real estate can matter for the state probate tax under Va. Code § 58.1-1712, and the List of Heirs is part of the local clerk process. | Sunset helps identify accounts, title information and debts before you call the clerk, so the estate settlement plan reflects both the home and the financial accounts. |
| Out-of-state adult child with small estate | A nonresident can qualify in Virginia but signs the Consent of Nonresident Fiduciary for Service of Process and may need surety unless a Virginia resident qualifies too or the clerk waives surety (Va. Code §§ 64.2-1426, 64.2-1411). If the Small Estate Affidavit route applies, the current $75,000 ceiling is effective July 1, 2025 under Va. Code §§ 64.2-600 through 64.2-605, and the affidavit goes to the asset holder, not the clerk. | Sunset helps sort which assets need a personal representative and which may be handled outside full qualification, then connects you with local counsel if the clerk visit or bond issue is difficult from out of state. |
| Parent settling predeceased child's estate, home must be sold | If a personal representative must sell estate real estate, qualification happens at the Lebanon clerk's counter. After qualification, the inventory and accounts go to the commissioner of accounts in Russell County, with the first account due within 16 months of qualification (Va. Code § 64.2-1304). | Sunset organizes assets, debts, sale-related documents and deadlines so the parent can move from qualification into commissioner review and final estate settlement with fewer missing pieces. |
Self-help resources
| Resource | What it gives | Link |
|---|---|---|
| Russell Circuit Court, Virginia Judiciary | Clerk's office address, phone, fax, hours, judges and term dates. | Russell Circuit Court |
| Clerk of Circuit Court, Russell County government | County page for the clerk's office, including office duties and hours. | Russell County clerk |
| Circuit Court fiduciary forms, Virginia Judiciary | Statewide probate and fiduciary forms for wills, qualification, notice, inventory and accounts. | Fiduciary forms |
| Commissioners of Accounts directory, Virginia Judiciary | Searchable roster for the current Russell County commissioner of accounts offices. Russell County has commissioner offices in Lebanon. | Commissioners of Accounts |
| Southwest Virginia Legal Aid Society | General civil legal aid for income-eligible Russell County residents. Its listed case areas do not include estate administration. | Southwest Virginia Legal Aid Society eligibility |
When to hire an attorney
Consider a Virginia probate attorney if family members disagree, the will is unclear, a nonresident personal representative needs help with bond or service of process, creditors are disputed, real estate must be sold, or the commissioner of accounts asks for corrections. Sunset connects families with a vetted attorney when legal advice is needed.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help identify accounts, balances and property that may affect Russell County qualification and estate settlement.
Generate the probate packet. Sunset organizes the information needed for the clerk's appointment, including heirs, beneficiaries, assets, debts and the documents commonly used in Virginia probate.
Find a local probate attorney. If the estate needs legal advice, Sunset can connect you with a vetted Virginia probate attorney who understands qualification, commissioner of accounts review and local clerk practice.
Sunset is free for families. Families can use Sunset to organize the estate, understand the next step and move through estate settlement without paying Sunset a fee.
Frequently asked questions
Where do I file to probate a will in Russell County?
File at the Clerk of the Circuit Court's office, 83 East Main Street, Lebanon, VA 24266. The mailing address is P.O. Box 435, Lebanon, VA 24266-0435, and the office phone is (276) 889-8023.
Do I have to go before a judge to be appointed in Russell County?
No routine judge-side hearing is used to open an ordinary Virginia estate. The clerk may admit wills and qualify executors, administrators and curators in the same manner and with the same effect as the circuit court (Va. Code § 64.2-444).
Does the Russell County clerk have its own probate forms?
No Russell-specific probate packet, checklist or cover sheet is listed. Use the Virginia Judiciary's statewide circuit court fiduciary forms, then call the clerk if you need to confirm what to bring to the Lebanon counter.
Can I use VJEFS for probate in Russell County?
No for family qualification. Russell County participates in VJEFS for attorney civil filings, but VJEFS is for Virginia State Bar members and designated staff. A self-represented family member should expect qualification to happen through the clerk's office.
Can I view a Russell County estate file on the internet?
No free public portal shows Russell County estate files. Russell County offers paid Secure Remote Access subscriptions for land records, wills and fiduciary documents through the clerk's office, but that is not a free public case portal.
What will it cost to probate a will in Russell County?
The state probate tax is 10 cents per $100 of estate value, with estates of $15,000 or less exempt (Va. Code § 58.1-1712, amount in effect since July 1, 2003), plus statutory qualification and recording charges. A county may add a local probate tax equal to one-third of the state tax (Va. Code §§ 58.1-1718, 58.1-3805), so ask the clerk for the current total when you call.
Do I have to come to Lebanon in person?
Plan on going to the clerk's counter in Lebanon unless the clerk gives you a different instruction. No current Russell County page lists a video, mail or remote qualification option.
Where do I send the inventory and the accounts?
After qualification, the inventory and accounts go to the commissioner of accounts, not back to the clerk for review. Russell County has commissioner of accounts offices in Lebanon, 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.