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Smyth County, VA Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | Smyth Circuit Court, Clerk of the Circuit Court |
| Courthouse address | 109 West Main Street, Suite 1081, Marion, VA 24354 |
| Mailing | Call the clerk before mailing probate papers. |
| Phone | (276) 782-4044 |
| Fax | (276) 782-4045 |
| Hours | 9:00 a.m. to 5:00 p.m., Monday through Friday. No lunch closure or probate intake cutoff is published. |
| Appointment | Smyth County tells families to call the Clerk's Office for an appointment at (276) 782-4044. |
| Probate tax and clerk fees | The state probate tax is 10 cents per $100 of value for estates over $15,000, effective July 1, 2003 (Va. Code § 58.1-1712). Qualification and recording fees are set by Va. Code § 17.1-275, effective July 1, 2022. 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 confirm the total with the clerk when you make the appointment. |
| Local forms | Yes. Smyth County publishes local probate guidance documents in addition to Virginia's statewide fiduciary forms. |
| E-filing status | Smyth participates in VJEFS for attorney civil filings. VJEFS is not used to qualify a personal representative before the clerk, and it is not available to self-represented family members. |
| Case access | No free public portal shows Smyth County estate files. OCIS does not cover probate or fiduciary records. |
| Remote appearance | No Smyth County remote qualification practice is published. Virginia circuit courts may allow remote participation in a civil proceeding at the court's discretion (Va. Code § 17.1-513.2), but qualifying before the clerk is normally an appointment with the clerk's office. |
| Website | Smyth Circuit Court and Smyth County Wills & Estate Administration |
Before you begin — know the assets and liabilities
Before you call the Smyth County clerk, make a working list of the decedent's bank accounts, real estate, vehicles, debts, tax items, digital accounts and household property. The clerk's appointment will go faster if you know whether there is an original will, who the heirs are, and whether anyone needs to qualify as personal representative, which is Virginia's word for being appointed and sworn in.
Sunset's estate settlement process can help organize that work before the Marion appointment. Sunset searches across 2,300 institutions for accounts and assets, helps assemble the information needed for the probate packet, and keeps the family focused on what the clerk and commissioner of accounts will need next.
Which court handles jurisdiction
Smyth County estates are handled at the Smyth Circuit Court clerk's counter in Marion. Smyth County is in the Twenty-eighth Judicial Circuit and has its own Clerk of the Circuit Court, its own courthouse, and its own Virginia Judiciary court page.
Virginia venue starts 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 Smyth County resident, offer the will and qualify, if needed, through the Clerk of the Circuit Court at 109 West Main Street, Suite 1081, in Marion.
The jurisdiction process
- Review the will, heirs, assets and debts before you call. Smyth County recommends that the first estate steps begin within 30 days after death, but the clerk's statement is practical guidance, not a separate legal deadline.
- Call the Smyth County Clerk of the Circuit Court at (276) 782-4044 to make a probate appointment. The county's probate page tells families to call before coming in.
- Use Smyth County's local guidance documents to prepare for the appointment. Bring the original will, a certified death certificate, names and addresses for heirs and beneficiaries, information about real estate and accounts, and any statewide forms the clerk asks you to complete.
- At the appointment, the clerk can admit the will to probate and qualify the executor or administrator as personal representative (Va. Code § 64.2-444). A judge is involved only if the matter becomes contested or is otherwise sent to the circuit court.
- Pay the state probate tax and clerk charges that apply. The state probate tax is imposed under Va. Code § 58.1-1712; a county may add a local probate tax under Va. Code §§ 58.1-1718 and 58.1-3805, so ask the clerk for the total when you schedule.
- After qualification or admission of the will, send the required notice to heirs and beneficiaries and record the notice affidavit with the clerk within the statutory time set by Va. Code § 64.2-508.
- Work with the commissioner of accounts after qualification. The inventory goes to the commissioner of accounts, not the clerk, and the first account is due within 16 months of qualification under Va. Code § 64.2-1304.
- Administer, distribute and close the estate through the commissioner of accounts process. Estate settlement in Virginia usually ends when the required account or statement in lieu is accepted and the estate's remaining work is complete.
Forms and documents
Probate forms in Smyth County
Smyth County publishes local probate guidance in addition to the statewide Virginia fiduciary forms. Its Wills & Estate Administration page links documents covering what to bring to a probate appointment, an application to become a personal representative, notes for executors and administrators, notes for small estates, and guidance for a will that is probated without a personal representative.
Those local documents do not replace the statewide CC forms. Common statewide forms include the Probate Information Form, Probate Tax Return, Consent of Nonresident Fiduciary for Service of Process, List of Heirs, notice forms, Certificate / Letter of Qualification, Inventory of Decedent's Estate, Account for Decedent's Estate, Statement in Lieu, Small Estate Affidavit, and the 2026 creditor notice forms. Start with Smyth County's page, then use the Virginia Judiciary's fiduciary forms index for the current statewide forms.
| Resource | Where to find it | Use |
|---|---|---|
| Smyth County probate guidance | Smyth County Wills & Estate Administration | Local appointment instructions and Smyth County's probate guidance documents. |
| Virginia fiduciary forms | Circuit Court Fiduciary Forms | Statewide CC probate and fiduciary forms used in Virginia circuit courts. |
Recent updates
Smyth County publishes a local Wills & Estate Administration page that tells families to call the clerk for an appointment and provides local probate guidance documents. The page also links statewide fiduciary forms, which should be used for current Virginia CC forms.
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Smyth County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Call the Smyth County Clerk of the Circuit Court at (276) 782-4044 for an appointment in Marion. Use the county's local checklist to gather the death certificate, original will if there is one, heir information, real estate details and account information before the appointment. | Sunset helps identify accounts, organize the co-owned home information, and prepare a practical estate settlement file for the clerk appointment. |
| Out-of-state adult child with a small estate | Call ahead before traveling. If you qualify as personal representative from outside Virginia, expect to sign the Consent of Nonresident Fiduciary for Service of Process, CC-1610, and ask the clerk about any bond or surety issue under Va. Code §§ 64.2-1426 and 64.2-1411. A small estate affidavit is presented to the asset holder, not filed at the Marion counter. | Sunset helps sort which accounts may need clerk qualification and which may be handled directly with an institution, then organizes the documents for the appointment or bank request. |
| Parent settling a predeceased child's estate when a home must be sold | If someone must sign for the estate to sell property, qualification may be needed at the Smyth County clerk's office. After qualification, the commissioner of accounts supervises the inventory and account process, including the first account due within 16 months under Va. Code § 64.2-1304. | Sunset helps build the asset list, track real estate and creditor information, and connect the family with a local probate attorney when a sale or disputed issue needs legal work. |
Self-help resources
| Resource | What it helps with | Link |
|---|---|---|
| Smyth Circuit Court, Virginia Judiciary | Clerk address, phone, fax, hours, circuit information, judges and term dates. | Smyth Circuit Court |
| Smyth County Wills & Estate Administration | Appointment instructions, what to bring, local probate guidance documents and links to statewide fiduciary forms. | Wills & Estate Administration |
| Virginia Judiciary fiduciary forms | Current statewide CC probate and fiduciary forms. | Circuit Court Fiduciary Forms |
| Commissioners of Accounts directory | Searchable Virginia Judiciary roster for Smyth County's current commissioners of accounts and office information. | Commissioners of Accounts |
| Southwest Virginia Legal Aid Society | General civil legal aid for income-eligible residents in its service area, including Smyth County. | Southwest Virginia Legal Aid Society eligibility |
When to hire an attorney
Consider talking with a Virginia probate attorney if the will may be disputed, a house must be sold, a creditor issue is unclear, a nonresident bond question comes up, family members disagree about who should qualify, or the commissioner of accounts asks for corrected accountings. Sunset connects to a vetted attorney
How Sunset helps
Find the accounts and assets. Sunset searches across 2,300 institutions to help families identify bank accounts, investment accounts, insurance, benefits and other assets that may affect the Smyth County probate appointment.
Generate the probate packet. Sunset turns the family's information into an organized estate settlement packet, including asset lists, contact details and document checklists that make the clerk appointment easier to prepare for.
Find a local probate attorney. When a Smyth County estate needs legal advice, a real estate sale, help with bond, or court involvement, Sunset can connect the family with a probate attorney who understands Virginia procedure.
Sunset is free for families. Families can use Sunset to organize the estate, find assets and understand next steps without paying Sunset for the core estate settlement tools.
Frequently asked questions
Where do I file to probate a will in Smyth County?
File through the Clerk of the Circuit Court at Smyth Circuit Court, 109 West Main Street, Suite 1081, Marion, VA 24354. Virginia venue is based on the decedent's known place of residence (Va. Code § 64.2-443).
Do I need an appointment to probate a will in Smyth County?
Yes. Smyth County's Wills & Estate Administration page tells families to call the Clerk's Office for an appointment at (276) 782-4044.
Do I have to go before a judge to be appointed in Smyth County?
No. In Virginia, the clerk or a deputy clerk can admit the will and qualify the executor or administrator as personal representative (Va. Code § 64.2-444). A circuit court judge becomes involved only if the matter is contested or otherwise requires court action.
Does Smyth County publish its own probate forms?
Yes. Smyth County publishes local probate guidance documents, including what to bring to the appointment and notes for executors, administrators, small estates and will-only probate. Use those with the Virginia Judiciary's statewide fiduciary forms.
Can I use electronic filing for Smyth County probate?
Not for qualification before the clerk. Smyth participates in VJEFS for attorney civil filings, but a family member qualifying as personal representative should work through the clerk's appointment process.
Can I view a Smyth County estate file on the internet?
No free public internet portal shows Smyth County estate files. OCIS does not cover probate or fiduciary records, so contact the clerk's office for access questions.
What will it cost to probate a will in Smyth County?
The state probate tax is 10 cents per $100 of value for estates over $15,000, effective July 1, 2003 (Va. Code § 58.1-1712). A county may add a local probate tax equal to one-third of the state tax (Va. Code §§ 58.1-1718, 58.1-3805), and separate qualification and recording fees are set by Va. Code § 17.1-275, effective July 1, 2022. Ask the Smyth County clerk for the total when you make the appointment.
Where do I send the inventory and accounts after I qualify?
Send them to the commissioner of accounts assigned to the estate, not back to the clerk's counter. The commissioner of accounts supervises the fiduciary accounting process after qualification, and the first account is due within 16 months under 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.