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Surry County, VA Probate Information
Quick facts
| Item | Local detail |
|---|---|
| Court | Surry County Circuit Court, Clerk of the Circuit Court |
| Courthouse address | 28 Colonial Trail, East, Surry, VA 23883 |
| Mailing address | P.O. Box 203, Surry, VA 23883 |
| Phone | (757) 294-3161 |
| Fax | (757) 294-0471 |
| Hours | 8:30 a.m. to 4:30 p.m.; recording ends at 4:00 p.m. |
| No office email is listed for probate questions; call the clerk. | |
| Probate tax and qualification fee | The Commonwealth probate tax is 10 cents per $100 for estates above $15,000 under Va. Code § 58.1-1712, last amended in 2003. Surry County may add a local probate tax equal to one-third of the state tax under Va. Code §§ 58.1-1718 and 58.1-3805, so confirm the total with the clerk before your appointment. |
| Local forms | No Surry-specific probate packet, checklist or local fee schedule is posted on the court page or county website. Use the statewide Virginia fiduciary forms. |
| VJEFS status | Surry County is not listed as a Virginia Judiciary eFiling System participating circuit court. |
| Public case information | No free public website shows Surry County estate files. OCIS does not cover probate. |
| Remote appearance | No current local remote qualification option is stated. Plan on an in-person clerk appointment unless the clerk gives different instructions. |
| Website | Surry Circuit Court |
Before you begin — know the assets and liabilities
Before you call the Surry clerk, make a working list of the will, real estate, vehicles, bank accounts, debts, funeral bill and any accounts with named beneficiaries. The clerk can qualify a personal representative, but the clerk does not find assets for you or decide which property belongs in the probate estate.
Sunset's 2,300-institution asset discovery can help you identify accounts before estate settlement begins, so you can decide whether full qualification is needed, whether a small-estate path may work, and what questions to ask the clerk at (757) 294-3161.
Which court handles jurisdiction
Surry County estates are opened at the Clerk of the Circuit Court's counter at 28 Colonial Trail, East, in Surry. Surry County is part of the Sixth Judicial Circuit, along with jurisdictions listed for that circuit in Va. Code § 17.1-506.
Virginia venue is based on the decedent's known place of residence: a will is offered for probate in the circuit court for the county or city where the decedent lived (Va. Code § 64.2-443). If a Surry County resident died while living temporarily or medically in another locality, Virginia law also provides a nursing-home residence presumption in the same section.
The jurisdiction process
- Gather the original will if there is one, a certified death certificate, asset and debt information, names and addresses of heirs and beneficiaries, and the statewide Virginia forms that fit the estate.
- Call the Surry County Clerk of the Circuit Court at (757) 294-3161 before going to 28 Colonial Trail, East. The local materials do not state whether an appointment is required, and recording ends at 4:00 p.m.
- At the clerk's counter, offer the will for probate if there is a will and qualify as personal representative if qualification is needed. In Virginia, qualify means being appointed and sworn in by the clerk under Va. Code § 64.2-444.
- Pay the required probate tax, qualification fee and recording charges. The Commonwealth probate tax is 10 cents per $100 for estates above $15,000 under Va. Code § 58.1-1712, last amended in 2003, and Surry County may add a local probate tax equal to one-third of the state tax under Va. Code §§ 58.1-1718 and 58.1-3805.
- Receive certified copies of the certificate of qualification, CC-1625, if the clerk qualifies you. This is the document banks and other institutions use to recognize your authority.
- Send the required notice of probate or qualification to the people entitled to notice within 30 days, then record the affidavit of notice with the clerk within four months as required by Va. Code § 64.2-508.
- Work with the Surry County commissioner of accounts assigned to the estate. The inventory is returned to the commissioner of accounts within four months after qualification under Va. Code § 64.2-1300, and the first account is due in 16 months under Va. Code § 64.2-1304.
- Administer the estate, pay proper claims and expenses, distribute remaining property, and close the estate settlement through the commissioner of accounts process or a permitted statement in lieu when Virginia law allows it.
Forms and documents
Probate forms in Surry County
Surry County does not have a separate local probate packet or checklist posted for probate filings. Start with the Virginia Judiciary's statewide fiduciary forms and call the clerk if you are unsure which forms to bring.
| Form | Use |
|---|---|
| CC-1650, Probate Information Form | Information the clerk commonly collects for probate or qualification. |
| CC-1651, Probate Tax Return | Used when the estate value requires the Virginia probate tax return under Va. Code § 58.1-1714. |
| CC-1611, List of Heirs | Filed at qualification, or with a will when no one qualifies, under Va. Code § 64.2-509. |
| CC-1610, Consent of Nonresident Fiduciary for Service of Process | Used when a nonresident fiduciary qualifies under Va. Code § 64.2-1426. |
| CC-1625, Certificate / Letter of Qualification | The authority document issued by the clerk after qualification. |
| CC-1670, Inventory of Decedent's Estate | Returned to the commissioner of accounts, not the clerk. |
| CC-1680, Account for Decedent's Estate | Used for the accounting filed with the commissioner of accounts. |
| CC-1685, Small Estate Affidavit | For the Virginia Small Estate Act. It is presented to the asset holder, not filed with the clerk, when the statutory requirements are met under Va. Code §§ 64.2-600 through 64.2-601 for the $75,000 limit effective July 1, 2025. |
Recent updates
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Surry County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Call the Surry clerk before going to 28 Colonial Trail, East. If qualification is needed, file the list of heirs, CC-1611, at qualification. Virginia real estate can matter for probate tax under Va. Code § 58.1-1712 even when title does not become an asset managed by the personal representative. | Sunset helps identify accounts, beneficiary designations and debts so the spouse can separate probate property from nonprobate property before the clerk appointment. |
| Out-of-state adult child with small estate | Surry County is not listed for VJEFS, and no remote qualification option is stated. If the Virginia Small Estate Act applies, CC-1685 is presented to the institution rather than filed with the clerk under Va. Code §§ 64.2-600 through 64.2-601 for the $75,000 limit effective July 1, 2025. If qualification is needed, a nonresident can serve but must sign CC-1610 and should expect bond and surety questions under Va. Code §§ 64.2-1426 and 64.2-1411. | Sunset can help the child organize account information before deciding whether a clerk appointment is needed and can help prepare a probate packet when qualification is required. |
| Parent settling predeceased child's estate, home must be sold | If the home must be sold through the estate, qualification is usually the practical route. After qualification, the personal representative works with the commissioner of accounts. Surry County has a commissioner of accounts office in Surry, and the inventory and first account are handled through that supervision process under Va. Code §§ 64.2-1300 and 64.2-1304. | Sunset supports the estate settlement by organizing asset discovery, producing forms and connecting the parent with a local probate attorney when a sale or creditor issue needs legal help. |
Self-help resources
| Resource | What it gives | Link |
|---|---|---|
| Surry Circuit Court, Virginia Judiciary | Local address, phone, fax, hours, judges and term information for the clerk's office. | Surry Circuit Court |
| Circuit Court fiduciary forms, Virginia Judiciary | Statewide probate and fiduciary forms used in Virginia circuit court clerk offices. | Fiduciary forms |
| Commissioners of Accounts directory, Virginia Judiciary | Current commissioner of accounts contact information for Surry County and the statewide commissioner resource page. | Commissioners of Accounts |
| Virginia Judiciary self-help probate forms | A plain-language index of probate-related Virginia forms. | Probate forms self-help |
| Central Virginia Legal Aid Society | General civil legal aid for financially eligible residents in its service area, including Surry County. It should not be treated as a guaranteed probate-representation resource. | CVLAS |
When to hire an attorney
Consider hiring a Virginia probate attorney if the will may be challenged, a house must be sold, creditors are disputed, heirs are hard to locate, a nonresident fiduciary needs bond guidance, or the commissioner of accounts raises accounting issues. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help families locate accounts, insurance, benefits and other assets that may matter for Surry County estate settlement.
Generate the probate packet. Sunset helps turn the asset picture and family information into an organized packet for the clerk appointment, including the Virginia forms commonly needed to probate a will or qualify as personal representative.
Find a local probate attorney. When the estate needs legal advice, a sale of real estate, creditor strategy or help with a dispute, Sunset can connect the family with a vetted Virginia probate attorney.
Sunset is free for families. Families can use Sunset to organize the estate, understand next steps and move through estate settlement without paying Sunset for the planning and document-assembly support.
Frequently asked questions
Where do I file to probate a will in Surry County, Virginia?
Go to the Surry County Clerk of the Circuit Court at 28 Colonial Trail, East, Surry, VA 23883. Virginia venue is the circuit court for the county or city where the decedent had a known place of residence (Va. Code § 64.2-443).
Do I have to go before a judge to be appointed in Surry County?
No. In Virginia, the clerk may admit the will to probate and qualify the executor or administrator at the clerk's counter (Va. Code § 64.2-444). A circuit court judge becomes involved only in contested or appealed matters.
Does the Surry County clerk have local probate forms?
No Surry-specific probate packet, checklist or local fee schedule is posted on the court page or county website. Use the Virginia Judiciary's statewide fiduciary forms and call the clerk at (757) 294-3161 if you need to know what to bring.
Can I send Surry County probate papers through VJEFS?
Surry County is not listed as a Virginia Judiciary eFiling System participating circuit court. VJEFS is an attorney system for many civil filings, and probate qualification for a self-represented personal representative is handled through the clerk's office.
Can I check a Surry County estate through a public website?
No free public website shows Surry County estate files. OCIS does not cover probate. Recorded wills and lists of heirs are clerk records, so call the Surry clerk about in-person records access.
What will it cost to probate a will in Surry County?
The Commonwealth probate tax is 10 cents per $100 for estates above $15,000 under Va. Code § 58.1-1712, last amended in 2003, plus statutory qualification and recording charges. A county may add a local probate tax equal to one-third of the state tax under Va. Code §§ 58.1-1718 and 58.1-3805, so confirm the total with the Surry clerk.
Do I have to come to Surry in person?
No current local remote qualification option is stated. Qualification is an appearance before the Clerk of the Circuit Court under Va. Code § 64.2-444, so plan to go to Surry unless the clerk gives you a different procedure by phone.
Where do I send the inventory and accounts after I qualify?
Send or deliver them to the commissioner of accounts assigned to the estate, not to the clerk. The commissioner of accounts supervises fiduciaries and settles accounts under Va. Code § 64.2-1200. For Surry County, the Virginia Judiciary's commissioner directory lists commissioners serving the county, including a commissioner office in Surry.
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.