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Stafford County, VA Probate Information
Quick facts
| Item | Stafford County detail |
|---|---|
| Court and filing office | Stafford County Circuit Court, Clerk of the Circuit Court |
| Courthouse address | Stafford County Judicial Center, 1300 Courthouse Road, Stafford, VA 22554 |
| Mailing address | P.O. Box 69, Stafford, VA 22555 |
| Phone | (540) 658-8750. The clerk's office has one main number and no separate probate line; probate appointments are requested through the online questionnaire rather than by phone. |
| Fax | (540) 658-4653. Fax is not a way to open an estate. |
| Hours | 8:00 a.m. to 4:00 p.m., Monday through Friday. Financial payments are not accepted after 4 p.m. |
| Clerk charges and probate tax | The clerk's probate page states that basic charges run from $40 to $60 with a will and $30 to $50 without a will, and that the office works out the exact amount before the appointment. 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). Stafford County also adds a local probate tax equal to one third of the state amount (Va. Code § 58.1-1718; Stafford County Code § 23-11). |
| Local forms | Yes. Stafford uses an online Probate Questionnaire/Information Form to start scheduling. Other probate forms are statewide Virginia CC forms. |
| Electronic filing | Opening an estate is not an electronic filing. Stafford's electronic recording practice is for land records, not qualification before the clerk. |
| Case information | No free public website shows a Stafford County estate file. Recorded papers are handled through the clerk's office; the clerk also offers a paid remote-access subscription covering recorded land records. |
| Remote appearance | Stafford publishes probate as an in-person appointment. Virginia circuit courts may allow telephone or video appearance in a civil proceeding at the court's discretion, but qualification before the clerk is not a routine remote hearing (Va. Code § 17.1-513.2). |
| Website | Stafford County Circuit Court probate and estate administration |
Before you begin — know the assets and liabilities
Before you submit Stafford County's probate questionnaire, gather the asset values, debt information, heir details and documents the form asks for. The questionnaire asks for personal property value, real estate value, the decedent's family information, will information, and uploads for the will and death certificate, so it is easier to complete once you have a working estate settlement inventory.
Sunset searches more than 2,300 institutions to help families identify accounts and assets before the probate appointment. That gives you a cleaner starting point for the clerk's questionnaire, the probate tax estimate, bond questions and the later inventory to the commissioner of accounts.
Which court handles jurisdiction
File a Stafford County estate at the Clerk of the Circuit Court's office in the Stafford County Judicial Center, 1300 Courthouse Road, Stafford, VA 22554. Virginia venue is the circuit court of the county or city where the decedent had a known place of residence (Va. Code § 64.2-443). The clerk's own local instructions match that rule and add the nursing-home point: if the decedent died in a nursing home or similar facility, residence is presumed to be where the person lived before admission.
Stafford County is in the Fifteenth Judicial Circuit (Va. Code § 17.1-506). The City of Fredericksburg is an independent city with its own Clerk of the Circuit Court in the same circuit. Spotsylvania County and King George County are also separate jurisdictions with their own clerks' offices, so a Stafford County resident's estate stays at the Stafford clerk's counter.
The jurisdiction process
- Start with Stafford County's online Probate Questionnaire/Information Form on the clerk's probate page. The clerk's office contacts you after the questionnaire arrives to schedule the appointment.
- Gather the documents the clerk requests. If there is a will, bring the original will and any codicils, a certified death certificate, photo identification, heir information, approximate asset values and payment. If there is no will, bring the certified death certificate, photo identification, heir information, approximate asset values and payment.
- If the proposed personal representative lives outside Virginia, arrange the Virginia resident agent or co-qualifier before the appointment, or bring that resident's notarized consent. A nonresident fiduciary also signs the written consent to service of process required by Virginia law (Va. Code § 64.2-1426; CC-1610).
- Prepare for bond. The Stafford probate clerk sets the bond amount at the appointment, and if surety is required, a bondsperson must be present.
- Attend the in-person appointment at 1300 Courthouse Road in Stafford. The appointment usually takes about an hour. Allow extra time to park and pass through security.
- Pay the clerk's charges and the probate tax at the counter. Stafford accepts cash, check, debit or credit card for probate charges, adds 4 percent to credit card transactions, and does not accept financial payments after 4 p.m. 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), and Stafford County adds a local probate tax equal to one third of the state amount (Va. Code § 58.1-1718; Stafford County Code § 23-11).
- If the clerk admits the will and qualifies you as personal representative, ask for the certificate of qualification, the Virginia authority document used with banks and other institutions (Va. Code § 64.2-506; CC-1625).
- Send the required post-qualification inventory and accounts to the commissioner of accounts' private office in Fredericksburg. The inventory is due within four months after qualification (Va. Code § 64.2-1300), and the first account is due within 16 months under Va. Code § 64.2-1304.
- Use the commissioner of accounts' instructions to move the estate settlement toward closing. In Virginia, the commissioner of accounts audits inventories and accounts before the estate can close.
Forms and documents
Probate forms in Stafford County
Stafford County's local form is the online Probate Questionnaire/Information Form. Completing that form is how you request a probate appointment; the clerk's office then contacts you to schedule.
| Form or packet | Where it comes from | How Stafford County uses it |
|---|---|---|
| Probate Questionnaire/Information Form | Stafford County Circuit Court Clerk | Starts the appointment process and asks for applicant details, decedent information, asset values, heirs at law, will information and document uploads. |
| CC-1611, List of Heirs | Virginia Judiciary statewide circuit court form | The clerk links the statewide list of heirs form and instructions. A personal representative files a list of heirs at qualification, and a proponent of a will files it when nobody qualifies (Va. Code § 64.2-509). |
| CC-1610, Consent of Nonresident Fiduciary for Service of Process | Virginia Judiciary statewide circuit court form | Used when a nonresident fiduciary qualifies and must provide written consent to service of process (Va. Code § 64.2-1426). |
| Other probate, inventory, account and notice forms | Virginia Judiciary statewide circuit court forms index | Stafford does not use a local paper probate packet for these forms. Use the statewide CC forms for qualification, notice, inventory, accounting, statement in lieu, small-estate affidavit and creditor notice. |
Fees
| Charge | Stafford County detail |
|---|---|
| State probate tax | Virginia imposes a probate tax of 10 cents per $100 of estate value, with estates of $15,000 or less exempt (Va. Code § 58.1-1712). |
| Local probate tax | Stafford County imposes a local probate tax equal to one third of the state tax, collected by the clerk (Va. Code § 58.1-1718; Stafford County Code § 23-11). |
| Basic clerk charges | The clerk's probate page states that basic charges run from $40 to $60 with a will and $30 to $50 without a will, and that the office works out the exact amount before the appointment. |
| Payment method | Cash, check, debit card and credit card are accepted for probate charges. Credit card transactions add 4 percent, and financial payments are not accepted after 4 p.m. |
| Commissioner of accounts charges | The commissioner of accounts supervises inventories and accounts from a private office in Fredericksburg and sets its own charges, so ask that office what it charges for the inventory, account and any later settlement work. |
Local nuance
Stafford County-specific considerations
| Local point | What it means for you |
|---|---|
| Appointment requested by questionnaire | Stafford County does not start with a phone booking. Complete the online Probate Questionnaire/Information Form, then wait for the clerk's office to contact you with the appointment. |
| Local probate tax applies | In addition to the state probate tax under Va. Code § 58.1-1712, Stafford County adds a local probate tax equal to one third of the state amount (Va. Code § 58.1-1718; Stafford County Code § 23-11). |
| Payment cutoff and card charge | The clerk does not accept financial payments after 4 p.m., and credit card transactions add 4 percent. |
| Nonresident fiduciary planning | A nonresident executor or administrator should arrange the Virginia resident agent or co-qualifier, or the resident's notarized consent, before the appointment (Va. Code § 64.2-1426). |
| Bond planning | The probate clerk sets bond at the appointment. If surety is required, a bondsperson must be present. |
| Commissioner of accounts in Fredericksburg | After qualification, inventories and accounts go to the commissioner of accounts' private office in Fredericksburg, not back to the courthouse counter. That office audits the filings before estate settlement can finish. |
| Land-records electronic recording is separate | Stafford accepts electronic recording for most land documents, but that is not how a personal representative qualifies to open an estate. |
| Land-records alert service | The clerk offers a free email notification service for recorded land records, which can help an heir watch for activity involving a decedent's real estate. |
Recent updates
| Date | Local update |
|---|---|
| 2025 | The clerk's office began offering a free email notification service for recorded land records, which can help heirs monitor activity involving a decedent's real estate. |
Page last reviewed: August 2026.
Scenarios
| Situation | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Complete Stafford County's online questionnaire with personal asset and real estate values, wait for the clerk's office to schedule the appointment, and bring the original will if there is one, certified death certificate, photo identification and heir information. The clerk quotes the state probate tax, Stafford local probate tax under Va. Code § 58.1-1718 and Stafford County Code § 23-11, and clerk charges before the appointment. After qualification, the inventory and accounts go to the commissioner of accounts in Fredericksburg. | Sunset helps identify accounts, organize home and title information, prepare the probate packet and connect the spouse with a local attorney if sale, tax or creditor questions come up. |
| Out-of-state adult child w/ small estate | If qualification is needed, Stafford publishes an in-person appointment process. A nonresident fiduciary should arrange a Virginia resident agent or co-qualifier, or bring that resident's notarized consent, and sign the consent to service of process (Va. Code § 64.2-1426; CC-1610). If the estate fits Virginia's small-estate affidavit route, the current ceiling is $75,000, effective July 1, 2025 (Va. Code §§ 64.2-600, 64.2-601), and the affidavit is presented to the asset holder rather than filed at the clerk's counter. | Sunset helps determine whether discovered accounts appear to fit a small-estate path, prepares document checklists for the Stafford appointment if qualification is needed and can connect the child with a Virginia attorney. |
| Parent settling predeceased child's estate, home must be sold | The Stafford questionnaire asks for real estate value as well as personal asset value, and that value affects the probate tax collected at the appointment (Va. Code § 58.1-1712; Va. Code § 58.1-1718; Stafford County Code § 23-11). If the child died intestate and real estate is the key issue, the statewide list of heirs and real estate affidavit route may be recorded with the Stafford clerk, using CC-1611 and CC-1612, when qualification is not otherwise needed. | Sunset helps find accounts, organize real estate documents, flag sale-related attorney needs and prepare the family for the commissioner of accounts process after qualification. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Stafford County Circuit Court Clerk probate page | Starts the appointment process through the Probate Questionnaire/Information Form and explains what to bring, bond, resident-agent practice, payment methods and the commissioner of accounts. | Stafford probate and estate administration; 1300 Courthouse Road, Stafford, VA 22554; (540) 658-8750 |
| Stafford Circuit Court, Virginia Judiciary | Gives the clerk's hours, phone, fax, street address, mailing address and payment cutoff. | Stafford Circuit Court |
| Commissioners of Accounts directory | Finds the commissioner of accounts for Stafford County and gives the office information used for inventories and accounts. | Commissioners of Accounts directory |
| Virginia Judiciary circuit court forms index | Provides statewide CC forms for probate, qualification, list of heirs, notice, inventory, account, statement in lieu, small-estate affidavit and optional creditor notice. | Circuit court forms |
| Virginia Judicial System court self-help website | Plain-language self-help information and probate forms. Stafford's appointment instructions still come from the local clerk's page. | Virginia court self-help |
| Legal Aid Works, Fredericksburg office | General civil legal aid for income-eligible residents of Stafford County. Its case areas are non-fee-generating civil matters and do not list decedent estate administration. | Legal Aid Works Fredericksburg; 500 Lafayette Boulevard, Suite 100, Fredericksburg, VA 22401; 540-371-1105 |
| Virginia State Bar lawyer referral service | The clerk's probate page points estate distribution and tax questions to this referral line because probate clerks cannot give legal advice. | 1-800-552-7977 |
When to hire an attorney
A Stafford County probate attorney is especially useful when real estate has to be sold, surety bond arrangements are needed, the proposed personal representative lives outside Virginia, a creditor claim is disputed, or the commissioner of accounts asks for more than a routine inventory or account. The clerk's office can process qualification, but it cannot give legal advice or advise you how to complete commissioner filings. Sunset connects families with a vetted attorney when legal help is the practical next step.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 institutions so families can identify accounts, insurance, retirement assets and other property before completing Stafford County's questionnaire and starting estate settlement.
Generate the probate packet. Sunset organizes the information needed for the clerk's appointment, including heirs, asset values, document checklists and the Virginia forms that fit the estate path.
Find a local probate attorney. When a Stafford County estate involves a home sale, nonresident fiduciary issues, surety, creditor disputes or commissioner of accounts questions, Sunset can connect the family with a vetted Virginia probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, prepare for the Stafford County appointment and understand next steps without paying Sunset a fee.
Frequently asked questions
Where do I file probate for a Stafford County resident?
File at the Clerk of the Circuit Court's office in the Stafford County Judicial Center, 1300 Courthouse Road, Stafford, VA 22554. Virginia venue is based on the county or city where the decedent had a known place of residence (Va. Code § 64.2-443).
Do I need an appointment for probate in Stafford County, and how do I get one?
Yes. Complete the clerk's online Probate Questionnaire/Information Form, and the clerk's office will contact you to schedule the appointment.
How long does the Stafford County probate appointment take?
The clerk's office says probate appointments usually take about an hour. Allow extra time to park and pass through security before the appointment.
What does it cost to open an estate in Stafford County?
The clerk's probate page states that basic charges run from $40 to $60 with a will and $30 to $50 without a will, and that the exact amount is worked out before the appointment. Those charges are separate from the probate tax on estate value under Va. Code § 58.1-1712 and Stafford's local probate tax under Va. Code § 58.1-1718 and Stafford County Code § 23-11.
Does Stafford County charge a local probate tax?
Yes. Stafford County imposes a local probate tax equal to one third of the state probate tax (Va. Code § 58.1-1718; Stafford County Code § 23-11). 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).
Can I open a Stafford County estate on the web or by fax?
No. The online questionnaire starts scheduling, but qualification is handled as an in-person appointment with the clerk. The clerk publishes a fax number, but fax is not a way to open an estate.
Can I qualify by phone or video if I live out of state?
Stafford publishes probate as an in-person appointment. If travel is genuinely impossible, raise that with the clerk's office when it contacts you to schedule. Virginia circuit courts may allow telephone or video appearance in a civil proceeding at the court's discretion, but qualification before the clerk is not a routine remote hearing (Va. Code § 17.1-513.2).
Does Stafford County have its own probate forms?
Stafford County uses its own online Probate Questionnaire/Information Form to start the appointment process. The other probate forms used in the estate are statewide Virginia CC forms, including the list of heirs, nonresident fiduciary consent, notice, inventory and account forms.
Can I view a Stafford County estate file on the web?
No free public website shows a Stafford County estate file. The Judiciary's public case-information systems cover criminal and traffic cases, and civil and criminal cases in select circuit courts, and they do not include fiduciary or estate records.
Where do the inventory and accounts go after I qualify in Stafford County?
They go to the commissioner of accounts for Stafford County, whose private office is in Fredericksburg. The inventory is due within four months after qualification (Va. Code § 64.2-1300), 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.