Back to Virginia
Westmoreland County, VA Probate Information
Quick facts
| Item | Westmoreland County information |
|---|---|
| Court and filing officer | Westmoreland Circuit Court, Fifteenth Judicial Circuit of Virginia. Probate is handled by the Clerk of the Circuit Court. |
| Courthouse address | 175 Polk Street, Montross, VA 22520-0307 |
| Mailing address | P.O. Box 307, Montross, VA 22520-0307 |
| Phone | (804) 493-0108. No separate probate line is published. |
| Fax | (804) 493-0393 |
| Hours | Monday through Friday, 9:00 a.m. to 5:00 p.m. Recording closes at 4:30 p.m. |
| Cost to open an estate | The state probate tax is 10 cents per $100 of value for estates over $15,000, unchanged since 2003, under Va. Code § 58.1-1712. A county may impose a local probate tax equal to one-third of the state tax under Va. Code § 58.1-1718, so ask the clerk to calculate the Westmoreland total when you call. |
| Local forms | The clerk does not publish a Westmoreland-specific probate packet, checklist, cover sheet, or local probate form. Use the statewide Virginia Circuit Court fiduciary forms. |
| Electronic filing | Westmoreland is not listed as a VJEFS participating circuit court, and probate qualification is handled through the clerk's office rather than VJEFS. |
| Case access | No free public online portal shows Westmoreland County estate files. The statewide Online Case Information System does not cover probate or fiduciary records. |
| Remote appearance | No current Westmoreland source publishes a remote qualification option. Call the clerk before traveling. |
| Court website | https://www.vacourts.gov/courts/circuit/westmoreland/home |
Before you begin — know the assets and liabilities
Before you call the Westmoreland clerk, make a working list of the decedent's assets, debts, real estate, jointly owned property, payable-on-death accounts, and any accounts that name a beneficiary. The clerk can explain what the office needs for probate and qualification, but the estate settlement path depends on what property actually needs a personal representative.
Sunset's 2,300-institution asset discovery helps families find accounts, insurance, investments, and other assets before they decide whether to qualify in Montross, use a statewide small-estate route, or ask a lawyer for help.
Which court handles jurisdiction
Westmoreland County estates are handled at the Westmoreland Circuit Court clerk's counter at 175 Polk Street in Montross. The same counter serves the county seat of Montross, the Town of Colonial Beach, and the rest of Westmoreland County.
Virginia venue is based on 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). If a Westmoreland County resident died while staying in a nursing home or similar institution elsewhere, Virginia law presumes the prior legal residence remains the residence unless rebutted (§ 64.2-443).
Westmoreland County is in the Fifteenth Judicial Circuit (Va. Code § 17.1-506), but it has its own clerk and courthouse in Montross. Sharing a judicial circuit does not move a Westmoreland County estate to another county's clerk.
The jurisdiction process
- Call the Westmoreland Circuit Court clerk at (804) 493-0108 before going to Montross. Ask whether an appointment is needed, what identification and original documents to bring, and whether the 4:30 p.m. recording cutoff affects your visit.
- Bring the original will, if there is one, a death certificate, the statewide Probate Information Form, the list of heirs, and any other statewide Virginia Circuit Court fiduciary forms that fit the estate. If no one will qualify and the matter is real-estate-only, ask the clerk about the list of heirs and real estate affidavit route.
- Offer the will for probate and, if needed, qualify as personal representative. In Virginia, qualify means being appointed and sworn in by the Clerk of the Circuit Court. The clerk may admit the will to probate and qualify an executor or administrator without a judge under Va. Code § 64.2-444.
- Pay the state probate tax under Va. Code § 58.1-1712 and the statutory qualification and recording charges that apply. If a local probate tax applies under Va. Code § 58.1-1718, the clerk will include it in the total.
- After qualification, use the certificate of qualification to work with banks, insurers, and other institutions. Send the required notice of probate to the people entitled to notice within 30 days, then record the affidavit of notice in the clerk's office within four months (Va. Code § 64.2-508).
- Work with the commissioner of accounts assigned for Westmoreland County. The commissioner of accounts is a private attorney appointed by the circuit court's judges, not the clerk, and the commissioner's office may be in Montross or a nearby town.
- Return the inventory to the commissioner of accounts within four months after the order giving authority, then file the first account with the commissioner within 16 months of qualification (Va. Code §§ 64.2-1300, 64.2-1304). Keep copies for anyone entitled to notice who asks in writing.
- Pay valid debts, handle any real estate sale or transfer issues, distribute the remaining property, and close the estate settlement through the commissioner of accounts using the account process or a statement in lieu when Virginia law permits it.
Forms and documents
Probate forms in Westmoreland County
The Westmoreland Circuit Court and Westmoreland County clerk pages do not publish a county-specific probate packet, checklist, cover sheet, or local probate form. Use the statewide Virginia Circuit Court fiduciary forms, and call the clerk at (804) 493-0108 before your visit to ask what the office wants you to bring.
| Form or resource | Use in Westmoreland County |
|---|---|
| Virginia Circuit Court fiduciary forms | Statewide forms for probate, qualification, notice, inventories, accounts, and related fiduciary filings. |
| CC-1650, Probate Information Form | Information the clerk commonly collects for a probate or qualification appointment. |
| CC-1611, List of Heirs | Filed when a personal representative qualifies or when a will is presented and no one qualifies (Va. Code § 64.2-509). |
| CC-1625, Certificate / Letter of Qualification | The authority document the clerk issues after qualification (Va. Code § 64.2-506). |
| CC-1670 and CC-1680 | The inventory and account forms used with the commissioner of accounts, not the clerk. |
Recent updates
No Westmoreland-specific probate rule change was identified for this page. Page last reviewed: August 2026.
Scenarios
| Scenario | Local path in Westmoreland County | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by identifying how the home is titled and whether any asset needs a personal representative. If a will must be offered or qualification is needed, the counter is the Clerk of the Circuit Court at 175 Polk Street in Montross. Recording closes at 4:30 p.m., before the 5:00 p.m. office closing. | Sunset helps collect property, account, debt, and beneficiary information so the spouse can decide what must go through the Westmoreland clerk and what may pass outside the estate settlement process. |
| Out-of-state adult child with small estate | You can serve from out of state if qualification is needed. A nonresident fiduciary signs the consent to service of process and should expect the clerk to address surety unless a Virginia resident qualifies with you or the clerk waives surety (Va. Code §§ 64.2-1426, 64.2-1411). Westmoreland is not listed for VJEFS, so call before traveling to Montross. | Sunset helps sort assets by institution and transfer method, including when a statewide small-estate affidavit may be presented to an asset holder instead of opening a full administration. |
| Parent settling predeceased child's estate, home must be sold | If the home must be sold by a personal representative, qualification is usually the route. After the clerk qualifies the personal representative, Westmoreland's commissioner of accounts process handles the inventory and account. The commissioner may have an office in Montross or in nearby King George. | Sunset helps organize the home, debts, accounts, and sale-related documents, then helps the parent generate a probate packet and connect with a local attorney when the sale or family issues need legal advice. |
Self-help resources
| Resource | How it helps | Link |
|---|---|---|
| Westmoreland Circuit Court, Virginia Judiciary | Clerk address, phone, fax, hours, judges, and term dates for the Westmoreland Circuit Court. | https://www.vacourts.gov/courts/circuit/westmoreland/home |
| Clerk of the Circuit Court, Westmoreland County government | County clerk page with office description, public hours, and the 4:30 p.m. recording cutoff. | https://www.westmoreland-county.org/179/Clerk-of-the-Circuit-Court |
| Virginia Circuit Court fiduciary forms | Statewide forms for probate, qualification, notice, inventories, accounts, and fiduciary administration. | https://www.vacourts.gov/forms/circuit/fiduciary |
| Commissioners of Accounts directory, Virginia Judiciary | Search tool for the current Westmoreland commissioners of accounts and the statewide commissioner information page. | https://www.vacourts.gov/courts/circuit/resources/coa/home |
| Legal Aid Works, Tappahannock office | General civil legal aid for qualifying low-income residents of Westmoreland County. The organization's public materials describe help with civil matters such as consumer, family, and housing issues, not probate administration. | https://www.legalaidworks.org/tappahannock/ |
When to hire an attorney
A probate attorney is especially useful in Westmoreland County when a home must be sold, heirs disagree, creditors are disputed, a nonresident fiduciary has bond or surety questions, or the commissioner of accounts asks for documentation you do not have. Counsel can also help decide whether full qualification is necessary or whether a narrower Virginia procedure fits the estate settlement. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families search across 2,300 institutions for bank accounts, investments, insurance, retirement accounts, and other assets that may affect whether a Westmoreland County estate needs qualification.
Generate the probate packet. Sunset turns the information you enter into an organized probate packet for the Westmoreland clerk, including the details commonly needed for statewide Virginia forms and the first call to the clerk's office.
Find a local probate attorney. If the estate settlement involves a home sale, a dispute, a creditor issue, or a nonresident fiduciary question, Sunset can connect you with a vetted Virginia probate attorney.
Sunset is free for families. Families can use Sunset's estate settlement tools at no cost to organize assets, understand next steps, and prepare for the Westmoreland County probate process.
Frequently asked questions
Where do I file to probate a will in Westmoreland County?
File at the Westmoreland Circuit Court clerk's office, 175 Polk Street, Montross, VA 22520-0307. The mailing address is P.O. Box 307, Montross, VA 22520-0307, and the main phone number is (804) 493-0108.
Do I have to go before a judge to be appointed in Westmoreland County?
No. In Virginia, the Clerk of the Circuit Court may admit wills to probate and qualify executors and administrators under Va. Code § 64.2-444. A circuit court judge becomes involved only if a dispute, appeal, or other judge-side proceeding is filed.
Does the Westmoreland County clerk have its own probate forms?
The clerk does not publish a Westmoreland-specific probate packet, checklist, cover sheet, or local probate form. Use the statewide Virginia Circuit Court fiduciary forms and call the clerk before your visit to ask which originals and identification to bring.
Can I use VJEFS for Westmoreland County probate papers?
No VJEFS route is published for Westmoreland County. Westmoreland is not listed as a participating VJEFS circuit court, and Virginia probate qualification is handled through the Clerk of the Circuit Court rather than through VJEFS.
Can I view a Westmoreland County estate file on the internet?
No free public internet portal shows Westmoreland County estate files. The statewide Online Case Information System does not cover probate or fiduciary records. Call the clerk at (804) 493-0108 if you need to review a recorded will, list of heirs, or estate document.
What will it cost to probate a will in Westmoreland County?
The state probate tax is 10 cents per $100 of value for estates over $15,000, unchanged since 2003, under Va. Code § 58.1-1712. A county may add a local probate tax equal to one-third of the state tax under Va. Code § 58.1-1718. Westmoreland's local-tax status should be confirmed with the clerk when you call for your appointment or total due.
Do I have to come to Montross in person?
Plan on an in-person clerk appointment unless the Westmoreland clerk gives you different instructions. No current Westmoreland source publishes a video or remote qualification option, and Virginia remote civil hearings are discretionary under Va. Code § 17.1-513.2.
Where do I send the inventory and accounts after I qualify?
Send them to the commissioner of accounts assigned for Westmoreland County, not to the clerk. The inventory is due to the commissioner within four months after authority is granted, and the first account is due within 16 months of qualification (Va. Code §§ 64.2-1300, 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.