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City of Virginia Beach, VA Probate Information
Quick facts
| Topic | City of Virginia Beach information |
|---|---|
| Court and clerk | City of Virginia Beach Circuit Court, Virginia Beach Circuit Court Clerk's Office |
| Courthouse address | 2425 Nimmo Parkway, Building 10 and 10B, third floor, Virginia Beach, VA 23456-9017 |
| Mailing address | Virginia Beach Circuit Court Clerk's Office, 2425 Nimmo Parkway, Building 10, Virginia Beach, VA 23456 |
| Probate phone | (757) 385-8831 |
| Main phone | (757) 385-4181 |
| Fax | No fax number is published. The clerk states that the office does not accept filings, correspondence or information requests by fax. |
| Hours | Monday through Friday, 8:30 a.m. to 4:00 p.m., closed on state holidays |
| Appointment | Probates by appointment only. Call (757) 385-8831 before going to the clerk's office. |
| Probate tax and clerk fees | The clerk collects the Virginia probate tax (Va. Code § 58.1-1712) and the City of Virginia Beach local probate tax (Va. Code §§ 58.1-1718, 58.1-3805). The clerk publishes the local arithmetic as $1 state tax and 33 cents local tax per $1,000 of estate value. |
| Local forms | No local probate packet or local probate form is published. Use the statewide circuit court forms. |
| Electronic filing | Probate qualification is an in-person appointment with the clerk. The clerk does not accept filings or correspondence by email or fax. |
| Case information | No free public portal shows City of Virginia Beach estate files. Recorded wills and lists of heirs are handled through the clerk's records process, and attorney remote access is a paid subscription. |
| Remote appearance | Qualification is in person. Contested matters that go before a judge may use the court's current motion or duty judge procedures, including Webex confirmation when the court sets that type of matter. |
| Website | https://courts.virginiabeach.gov/circuit-court-clerks-office/probate |
Before you begin — know the assets and liabilities
Before you call the City of Virginia Beach probate department, make a working list of the decedent's assets, debts, account locations, real estate and beneficiary designations. The clerk's own probate page tells families to know the assets and their values before the appointment, and that preparation keeps the estate settlement focused on the right path.
Sunset can help by searching across more than 2,300 financial institutions for accounts and assets, organizing what you find, and turning the information into a probate packet you can review before you call (757) 385-8831 for the appointment.
Which court handles jurisdiction
The City of Virginia Beach is an independent city, not part of any county. Probate for a City of Virginia Beach decedent is handled at one courthouse, the Virginia Beach Judicial Center at 2425 Nimmo Parkway, Buildings 10 and 10B, third floor. The city is in the Second Judicial Circuit, and no satellite probate location is published.
Virginia venue is tied to 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). The same section presumes that a person who became a patient in a nursing home, convalescent home or similar institution kept the legal residence they had before entering that facility, unless that presumption is rebutted. That matters when a City of Virginia Beach resident died in a facility elsewhere in Hampton Roads.
The jurisdiction process
- Call the probate department at (757) 385-8831. Probate in the City of Virginia Beach is by appointment only, and the deputy clerks tell you what to bring before you come in.
- Gather the appointment materials. The clerk's probate page says to bring the original will, know the assets owned by the decedent and their values as accurately as possible, and bring a death certificate.
- Go to the Virginia Beach Judicial Center at 2425 Nimmo Parkway. Use the main entrance of Building 10, the only public entrance, expect security screening, and go to the clerk's office on the third floor of Buildings 10 and 10B.
- At the appointment, the Clerk of the Circuit Court or a deputy clerk admits the will to probate if there is a will and qualifies the personal representative, which is Virginia's word for being appointed and sworn in (Va. Code § 64.2-444).
- Pay the taxes and clerk charges collected at the appointment. The clerk collects the Virginia probate tax (Va. Code § 58.1-1712) and the City of Virginia Beach local probate tax (Va. Code §§ 58.1-1718, 58.1-3805), plus any applicable recording, qualification, copy or certification charges.
- Receive certified proof of authority from the clerk. The Virginia authority document is the certificate of qualification, and the statewide form is CC-1625 (Va. Code § 64.2-506).
- Send the required notice after probate or qualification. The notice of probate goes to the people entitled to notice, and the affidavit proving that notice is recorded back with the clerk under Va. Code § 64.2-508.
- Work with the commissioner of accounts assigned to the estate. The inventory is due to the commissioner of accounts within four months after the order conferring authority (Va. Code § 64.2-1300), and the first account is due within 16 months of qualification (Va. Code § 64.2-1304). These filings go to the commissioner of accounts, not to the clerk's counter.
- If a contested estate issue has to go before a judge, follow the City of Virginia Beach Circuit Court's motion or duty judge docket procedures. Qualification itself is not handled that way; it is an appointment with the clerk.
- Close the estate through the commissioner of accounts. In many Virginia estates, the final account or statement in lieu is what completes the estate settlement after assets, debts, taxes and distributions have been handled.
Executor duties
In the City of Virginia Beach, the most important local distinction is where each paper goes. The inventory and accounts go to the commissioner of accounts for the Second Judicial Circuit, a private attorney appointed under Va. Code § 64.2-1200, not to the clerk at 2425 Nimmo Parkway. The affidavit proving notice of probate, however, is recorded in the clerk's office where the will was recorded under Va. Code § 64.2-508.
The clerk's office does not accept filings, requests or correspondence by email or fax, so plan on mail or in-person delivery unless the commissioner assigned to the estate gives separate instructions for that commissioner's office. Certified copies from the clerk are handled at the published copy and certification rates, and a mailed copy request must include a self-addressed stamped envelope for the return of the documents.
The clerk's probate page also says that executor or administrator compensation must be approved by the commissioner of accounts. Do not treat compensation as automatic; build it into the account and expect the commissioner to review it as part of settlement.
Forms and documents
Probate forms in the City of Virginia Beach
The City of Virginia Beach Circuit Court publishes a local circuit court forms page, but it does not publish a local probate packet, probate checklist or local probate form. Probate here uses the statewide Virginia circuit court forms, and the clerk tells families to call the probate department before coming in so a deputy clerk can give appointment-specific instructions.
| Form | Use in the City of Virginia Beach |
|---|---|
| CC-1650, Probate information form | Information the clerk collects for the probate appointment. |
| CC-1651, Probate tax return | Filed when the estate's value makes a probate tax return necessary (Va. Code § 58.1-1714); the tax itself is the Va. Code § 58.1-1712 probate tax. |
| 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 with the clerk when a personal representative qualifies or when a will is presented without 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, not the clerk, within four months after authority is conferred (Va. Code § 64.2-1300). |
| CC-1680, Account for decedent's estate | Filed with the commissioner of accounts. The first account is due within 16 months of qualification (Va. Code § 64.2-1304). |
| CC-1681, Statement in lieu of settlement of account | Used when the statutory requirements for a statement in lieu are met (Va. Code § 64.2-1314). |
| CC-1685, Small estate affidavit | Statewide form for the small-asset affidavit route. It is presented to the holder of the asset, not filed with the City of Virginia Beach clerk (Va. Code §§ 64.2-600 through 64.2-605, current $75,000 amount effective July 1, 2025). |
Statewide forms: https://www.vacourts.gov/forms/circuit/home
Fees
The City of Virginia Beach has imposed the optional local probate tax. The clerk's probate page explains the local arithmetic as $1 state tax and 33 cents local tax per $1,000 of estate value. That local charge is the city add-on authorized by Va. Code §§ 58.1-1718 and 58.1-3805, collected with the Virginia probate tax imposed by Va. Code § 58.1-1712.
The clerk's own example uses an estate value of $50,000: the state probate tax is $50.00 and the City of Virginia Beach local probate tax is $16.67. Recording fees and qualification fees are separate statewide statutory charges, so the appointment call is the right time to ask the probate department what total to bring and what payment methods the office currently accepts.
Virginia has a City of Virginia Beach-specific exemption for a narrow group of estates: no probate tax is imposed on the probate of a will or grant of administration for the estate of an individual who died as a result of the Virginia Beach mass shooting (Va. Code § 58.1-1718.01).
For copies, the Judiciary page for this court states that copy fees are $0.50 per sheet of paper and $2.00 per certification of order. A mailed copy request must include a self-addressed stamped envelope for the return of the documents.
Local nuance
City of Virginia Beach-specific considerations
| Local point | What it means |
|---|---|
| Appointment-only probate | Call (757) 385-8831 before going to the courthouse. The clerk's probate page says probates are by appointment only. |
| Local probate tax imposed | The clerk collects the City of Virginia Beach local probate tax with the Virginia probate tax (Va. Code §§ 58.1-1712, 58.1-1718, 58.1-3805). |
| City-specific probate tax exemption | Va. Code § 58.1-1718.01 exempts estates of individuals who died as a result of the Virginia Beach mass shooting from probate tax under that article. |
| No email or fax filing | The clerk's office states that it does not accept legal notices, letters, filings, information requests or official correspondence by email or fax. |
| One public courthouse entrance | Visitors must enter through the main entrance of Building 10 at 2425 Nimmo Parkway. The clerk's office is on the third floor. |
| Phone security pouch | The court's electronic device policy permits cellphones inside the courthouse, but phones are turned off and placed in a locked security pouch during the visit. |
| Commissioners are offsite | The City of Virginia Beach is served by several commissioners of accounts with private offices around the city. They are not at the clerk's probate counter. |
| Property notification | The clerk offers a free property notification service that emails a registrant when a document naming that person is recorded in the clerk's office. |
Recent updates
Scenarios
| Scenario | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Call (757) 385-8831 for the appointment, bring the original will and a death certificate to Building 10, and be ready to explain the assets and values. A home owned with survivorship language may pass outside the estate, so the need to qualify often turns on the personal property and accounts. If qualification is needed, the clerk collects the state and City of Virginia Beach probate tax at the appointment, and later inventory work goes to the commissioner of accounts. | Sunset helps identify accounts, separate probate and nonprobate assets, prepare the appointment packet, and connect the spouse with counsel if the deed or beneficiary designations need review. |
| Out-of-state adult child with small estate | If the parent had a known place of residence in the City of Virginia Beach, venue stays with this clerk under Va. Code § 64.2-443, even if the parent died in a facility elsewhere. A nonresident can serve, but should expect to sign the consent to service of process and to discuss surety (Va. Code § 64.2-1426). Because this clerk does not accept email or fax filings and probate is by in-person appointment, plan travel around the (757) 385-8831 booking and the 8:30 a.m. to 4:00 p.m. hours. If the personal probate estate fits the statewide $75,000 small-asset affidavit route effective July 1, 2025 (Va. Code §§ 64.2-600 through 64.2-605), qualification may not be needed. | Sunset helps the child find accounts before traveling, evaluate whether a statewide small-asset route might work, assemble forms such as CC-1610 if qualification is needed, and locate a Virginia attorney if surety or travel becomes a problem. |
| Parent settling predeceased child's estate, home must be sold | When a City of Virginia Beach house must be sold through the estate, the will, power of sale and real estate recording steps matter. The clerk records, indexes and stores real estate records for the city, and the clerk's free property notification service can alert the family when a document naming them is recorded. If qualification with a power of sale is needed, the commissioner of accounts will supervise the estate settlement. Contested sale or title issues may need the court's motion or duty judge docket. | Sunset helps gather property, mortgage and account information, build a timeline for the sale, generate the probate packet, and connect the parent with a local probate attorney before title or creditor issues delay closing. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| City of Virginia Beach Circuit Court Clerk's Office, probate department | Books the probate appointment and gives procedural instructions about what to bring. | (757) 385-8831. 2425 Nimmo Parkway, Buildings 10 and 10B, third floor, Virginia Beach, VA 23456-9017. https://courts.virginiabeach.gov/circuit-court-clerks-office/probate |
| City of Virginia Beach Circuit Court, Judiciary page | Publishes court hours, address, divisional phone numbers, terms of court and copy fee information. | https://www.vacourts.gov/courts/circuit/virginia_beach/home |
| Commissioners of Accounts directory | Search Virginia Beach to find the current commissioners who supervise inventories and accounts after qualification. | https://www.vacourts.gov/courts/circuit/resources/coa/home |
| Virginia circuit court forms | Statewide form set used for probate steps in the City of Virginia Beach. | https://www.vacourts.gov/forms/circuit/home |
| Virginia Judiciary self-help probate forms | Plain-language index to the probate forms and what they are used for. | https://selfhelp.vacourts.gov/page/37/probate-forms |
| Property notification, City of Virginia Beach | Free clerk service that emails a registrant when a document naming that person is recorded in the clerk's office. | https://virginiapropertynotification.org/Description?AgencyId=43 |
| Legal Aid Society of Eastern Virginia | General civil legal aid for qualifying low-income residents. Its service area names Virginia Beach, but its published estate work is planning documents, not decedent estate administration, so ask at intake. | Central intake (757) 827-5078, Monday, Tuesday, Thursday and Friday, 9:00 a.m. to 1:00 p.m. Norfolk office: 125 St. Paul's Blvd., Suite 400, Norfolk, VA 23510, (757) 627-5423. https://laseva.org/what-we-do/apply-for-services/ |
| Virginia Beach land records | Clerk's land records site for recorded real estate documents in the city. It is not an estate file portal. | https://www.vblandrecords.org |
When to hire an attorney
A lawyer is especially useful in the City of Virginia Beach when a house must be sold or title must be cleared through the estate, a will is challenged, disputed creditors are involved, the commissioner of accounts directs a claim into circuit court, a nonresident personal representative is asked for surety, or the accounting will be substantial. Virginia does not require every personal representative to have counsel, but the clerk's staff cannot give legal advice. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions and helps organize bank accounts, investments, insurance, real estate and debts before the City of Virginia Beach probate appointment.
Generate the probate packet. Sunset turns the information you provide into a working packet for the clerk, including the appointment checklist, statewide Virginia forms and asset summaries that make the estate settlement easier to explain.
Find a local probate attorney. If the home must be sold, a creditor dispute appears, surety becomes an issue or the commissioner of accounts needs a formal accounting, 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 in the City of Virginia Beach, and decide when professional help is needed without paying Sunset a fee.
Frequently asked questions
Where do I file probate in the City of Virginia Beach?
File with the Virginia Beach Circuit Court Clerk's Office at the Virginia Beach Judicial Center, 2425 Nimmo Parkway, Buildings 10 and 10B, third floor. The City of Virginia Beach is an independent city with its own clerk, and probate for a resident of the city is handled there under Va. Code § 64.2-443.
Do I need an appointment to probate a will in the City of Virginia Beach?
Yes. The clerk's probate page says probates are by appointment only. Call the probate department at (757) 385-8831 before you go.
What should I bring to the Virginia Beach probate appointment?
The clerk's probate page says to bring the original will, know the assets owned by the decedent and their values as accurately as possible, and bring a death certificate. The deputy clerk will give specific instructions when you call for the appointment.
Does the City of Virginia Beach charge a local probate tax?
Yes. The clerk collects the City of Virginia Beach local probate tax with the Virginia probate tax (Va. Code §§ 58.1-1712, 58.1-1718, 58.1-3805). The clerk publishes the arithmetic as $1 state tax and 33 cents local tax per $1,000 of estate value.
Can I email or fax probate documents to the Virginia Beach Circuit Court Clerk's Office?
No. The clerk's office states that it does not accept legal notices, letters, filings, requests for information or official correspondence by email or fax. Call (757) 385-8831 for probate or mail correspondence to the clerk's office address.
Are there local probate forms in the City of Virginia Beach?
No local probate packet or local probate form is published. The clerk publishes a local forms page for other circuit court matters, but probate uses the statewide Virginia circuit court forms.
Can I see a City of Virginia Beach estate file on the internet?
No free public portal shows a City of Virginia Beach estate file. Attorney remote access through this clerk is a paid officer subscription, and the clerk's land records site is for recorded real estate documents, not a public estate file portal.
Do I have to travel to Virginia Beach if I live out of state?
If qualification is required, plan on an in-person appointment because the clerk's probate page requires appointments and tells families to bring the original will to the clerk's office. A nonresident can serve as personal representative, but must file the written consent to service of process required by Va. Code § 64.2-1426.
Where do I send the inventory and accounts after I qualify?
Send them to the commissioner of accounts assigned to the estate, not to the clerk. The inventory is due to the commissioner within four months after authority is conferred (Va. Code § 64.2-1300), and the first account is due within 16 months of qualification (Va. Code § 64.2-1304).
Can I handle a City of Virginia Beach probate matter by video?
Qualification is an appointment with the clerk, and no remote qualification option is published. If a contested estate issue later goes before a judge, the court's current motion and duty judge procedures may involve electronic scheduling and Webex confirmation for that type of matter.
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.