Back to Virginia
Southampton County, VA Probate Information
Quick facts
| Item | Southampton County details |
|---|---|
| Court | Southampton Circuit Court, Clerk of the Circuit Court |
| Courthouse address | 22350 Main Street, Courtland, VA 23837 |
| Mailing address | P.O. Box 190, Courtland, VA 23837 |
| Phone | (757) 653-2200 |
| Fax | (757) 653-2547 |
| Hours | 8:00 a.m. to 4:30 p.m., Monday through Friday. Probate is by appointment only. |
| Probate tax and clerk fees | State probate tax is 10 cents per $100 of value for estates over $15,000, current under the 2003 amendment (Va. Code § 58.1-1712). A county may add a one-third local probate tax (Va. Code § 58.1-1718), so ask the clerk for the total when you schedule the appointment. |
| Local forms | No Southampton-specific probate packet was found. Use the statewide Virginia Circuit Court fiduciary forms. |
| VJEFS status | Southampton participates in VJEFS for attorneys and their staff. Self-represented personal representatives qualify by appointment with the clerk. |
| Estate file access | No free public internet portal shows Southampton County estate files. Ask the clerk about in-person access and any paid records access. |
| Remote appearance | No published remote qualification practice was found. Civil remote appearances are discretionary when allowed by the court (Va. Code § 17.1-513.2), and qualification is normally handled by appointment with the clerk. |
| Website | Southampton Circuit Court |
Before you begin — know the assets and liabilities
Before you call the Courtland clerk's office, make a first list of the decedent's assets, debts, heirs, beneficiaries and any will. That list helps the clerk understand whether you need to qualify as personal representative, whether a will is being offered without qualification, and what probate tax under Va. Code § 58.1-1712 may need to be calculated at the appointment.
Sunset's estate settlement process starts with asset discovery across more than 2,300 institutions, then turns what it finds into a practical task list for the Southampton County appointment and the later commissioner of accounts steps.
Which court handles jurisdiction
For a Southampton County decedent, the venue rule points to the circuit court of the county or city where the decedent had a known place of residence (Va. Code § 64.2-443). The Courtland counter serves Southampton County communities including Courtland, Boykins, Branchville, Capron, Ivor, Newsoms and Sedley.
Southampton County is in the Fifth Judicial Circuit. The Southampton County Clerk of the Circuit Court at 22350 Main Street in Courtland also serves the independent City of Franklin. A City of Franklin estate uses the same Courtland counter, but the city is a separate jurisdiction and is not part of Southampton County (Va. Code § 17.1-506).
The jurisdiction process
- Call the Clerk of the Circuit Court at (757) 653-2200 because probate is by appointment only in Southampton County.
- Gather the original will, death certificate, names and addresses of heirs and beneficiaries, asset information, debt information and any documents the clerk asks you to bring.
- At the Courtland appointment, offer the will for probate if there is one and, if needed, qualify as personal representative, Virginia's term for being appointed and sworn to act for the estate (Va. Code § 64.2-444).
- Pay the state probate tax calculated under Va. Code § 58.1-1712 and ask the clerk whether any Southampton County local probate tax under Va. Code § 58.1-1718 applies to the appointment.
- After qualification or admission of the will, send the required notice regarding estate to the people entitled to notice and record the notice affidavit in the clerk's office within the statutory time (Va. Code § 64.2-508).
- Use the certificate of qualification, CC-1625, as your authority document when dealing with banks, transfer agents and other institutions (Va. Code § 64.2-506).
- File the inventory with the commissioner of accounts within four months after the order conferring authority, and file the first account with the commissioner of accounts within 16 months of qualification (Va. Code §§ 64.2-1300, 64.2-1304).
- Finish estate settlement by paying valid expenses and debts, distributing remaining property, and completing the commissioner of accounts process for the final account or other closing paperwork that fits the estate.
Forms and documents
Probate forms in Southampton County
Southampton County uses the statewide Virginia Circuit Court fiduciary forms. No Southampton-specific probate packet or cover sheet was found for the Courtland clerk's office.
| Form | Use |
|---|---|
| CC-1650, Probate Information Form | Information the clerk commonly collects for the probate appointment. |
| CC-1651, Probate Tax Return | Used when the estate value requires a probate tax return under Va. Code § 58.1-1714. |
| CC-1610, Consent of Nonresident Fiduciary for Service of Process | Required when a nonresident qualifies as fiduciary (Va. Code § 64.2-1426). |
| CC-1611, List of Heirs | Filed at qualification or when a will is presented with no qualification (Va. Code § 64.2-509). |
| CC-1625, Certificate / Letter of Qualification | The authority document issued by the clerk after qualification (Va. Code § 64.2-506). |
| CC-1670, Inventory of Decedent's Estate | Filed with the commissioner of accounts after qualification (Va. Code § 64.2-1300). |
| CC-1680, Account for Decedent's Estate | Filed with the commissioner of accounts, with the first account due within 16 months of qualification (Va. Code § 64.2-1304). |
| CC-1685, Small Estate Affidavit | Used for the statewide $75,000 small-asset process effective July 1, 2025 (Va. Code §§ 64.2-600 through 64.2-605). It is presented to the holder of the asset, not filed with the clerk. |
The statewide forms are available from the Virginia Judiciary fiduciary forms page and the Judiciary self-help probate forms page.
Recent updates
Scenarios
| Scenario | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Call the Courtland clerk first because probate is by appointment only. Bring the will, death certificate, heir information and asset information. Southampton County real estate can matter to the 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 home and debt information, and prepare a county-specific appointment checklist for estate settlement. |
| Out-of-state adult child with small estate | Call (757) 653-2200 before traveling. A nonresident may qualify, but must file CC-1610 and should expect surety questions 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 Courtland counter. | Sunset helps decide which institutions need paperwork, generates the probate packet, and can connect you with a Virginia attorney if bond, surety or travel issues make the appointment harder. |
| Parent settling predeceased child's estate, home must be sold | If the home must be sold through the estate, plan on qualifying by appointment in Courtland. After qualification, the commissioner of accounts supervises the inventory and account, including the four-month inventory and the 16-month first account deadlines under Va. Code §§ 64.2-1300 and 64.2-1304. | Sunset helps gather asset details, coordinate sale-related estate documents, and track the commissioner of accounts deadlines through estate settlement. |
Self-help resources
| Resource | How it helps | Link or contact |
|---|---|---|
| Southampton Circuit Court, Virginia Judiciary | Publishes the clerk's address, phone, fax, hours, probate appointment note and circuit information. | Southampton Circuit Court |
| Virginia Judiciary fiduciary forms | Statewide probate and fiduciary forms used in Southampton County. | Fiduciary forms |
| Commissioners of Accounts directory | Search by jurisdiction to find the current commissioner of accounts for Southampton County. | Commissioners of Accounts |
| Virginia Judiciary self-help probate forms | Plain-language index to statewide probate forms. | Probate forms |
| Virginia Legal Aid Society, Suffolk office | General civil legal aid for eligible low-income residents in Southampton County. Ask intake whether your estate issue is within the program's scope. | 2480 Pruden Blvd., Suffolk, VA 23434. Phone (757) 539-3441. |
When to hire an attorney
Consider hiring a Virginia probate attorney if the will is disputed, a home must be sold through the estate, a nonresident fiduciary faces bond or surety issues, creditors are active, or the commissioner of accounts raises accounting questions. Sunset connects families with a vetted attorney when legal advice or representation would make the Southampton County process safer.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help families identify bank accounts, investments, insurance, retirement assets, real estate leads and debts before the Southampton County probate appointment.
Generate the probate packet. Sunset turns the asset and family information into an organized packet for the clerk appointment, including the forms and supporting details that fit the estate settlement path.
Find a local probate attorney. When the estate needs legal advice, a sale of real estate, help with a nonresident fiduciary issue or creditor strategy, Sunset can connect the family with a vetted Virginia probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, find assets, prepare for the clerk's appointment and understand next steps without paying Sunset.
Frequently asked questions
Where do I file probate in Southampton County?
Call the Clerk of the Circuit Court at (757) 653-2200 and make an appointment. The clerk's office is at 22350 Main Street, Courtland, VA 23837. Venue is generally the circuit court of the county or city where the decedent had a known place of residence (Va. Code § 64.2-443).
Does Southampton County require an appointment for probate?
Yes. The Southampton Circuit Court page states that probate is by appointment only. Call before bringing the will or qualification paperwork to the Courtland courthouse.
Can I use VJEFS for a Southampton County probate appointment?
Not as a self-represented personal representative. Southampton participates in VJEFS, but VJEFS is for members of the Virginia State Bar and their designated staff. Qualification before the clerk is handled by appointment.
Is there a published hearing day for opening an estate in Southampton County?
No published hearing calendar for opening an estate was found on the Southampton Circuit Court page. In an uncontested Virginia estate, you normally qualify before the Clerk of the Circuit Court rather than scheduling a judge hearing (Va. Code § 64.2-444).
Can I appear remotely for a Southampton County probate appointment?
No remote qualification practice was published for Southampton County. Virginia circuit courts may allow remote participation in civil proceedings when the court permits it (Va. Code § 17.1-513.2), but qualification is normally an appointment with the clerk.
Can I view Southampton County estate file information on the internet?
No free public portal shows Southampton County estate files. Ask the clerk about in-person access to recorded wills and lists of heirs, and whether any paid records access is offered.
What forms does Southampton County use?
Southampton County uses the statewide Virginia Circuit Court fiduciary forms. The common forms include CC-1650 for probate information, CC-1611 for the list of heirs, CC-1625 for the certificate of qualification, CC-1670 for the inventory and CC-1680 for the account.
How much will I pay at the Southampton County clerk's office?
The state probate tax is 10 cents per $100 of value for estates over $15,000, current under the 2003 amendment (Va. Code § 58.1-1712), plus statutory clerk fees. Because a county may impose a one-third local probate tax (Va. Code § 58.1-1718), ask the clerk for the total when you schedule the appointment.
Do I have to travel to Courtland if I live out of state?
Call the clerk first. A nonresident can qualify in Virginia, but must file CC-1610 and may need to address surety under Va. Code §§ 64.2-1426 and 64.2-1411. The clerk can tell you what must be handled at the 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.