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York County, VA Probate Information
Quick facts
| Item | York County details |
|---|---|
| Court and clerk | York County-Poquoson Circuit Court Clerk's Office, wills and estates counter |
| Courthouse address | 300 Ballard Street, Yorktown, VA 23690 |
| Mailing address | P.O. Box 371, Yorktown, VA 23690 |
| Probate phone | (757) 890-4106 |
| Main clerk phone | (757) 890-3350 |
| Fax | (757) 890-3364 |
| Hours | 8:00 a.m. to 4:00 p.m., Monday through Friday. The clerk posts a 3:45 p.m. recording cutoff. |
| Appointment | Required. Call (757) 890-4106 to probate a will or qualify as executor or administrator. |
| Costs paid at qualification | The Commonwealth probate tax is 10 cents per $100 of value, and estates of $15,000 or less pay no probate tax (Va. Code § 58.1-1712). York County has not adopted the optional local probate tax allowed by Va. Code §§ 58.1-1718 and 58.1-3805. Statutory qualification and recording charges may also apply. |
| Payment methods | Visa or Mastercard, check, cash, or money order. Card payments add a convenience fee of 4 percent or $2, whichever is greater. Checks or money orders are payable to York County-Poquoson Circuit Court. |
| Local probate forms | No local York County probate packet or cover sheet. Use the statewide Virginia circuit court CC forms. |
| Electronic filing | No online filing route opens a York County estate. Qualification is an appointment with the clerk in Yorktown. |
| Public access | No free public portal shows a York County estate file. The clerk offers a free index for recorded documents without images, in-office viewing, and a paid remote access subscription that includes wills and fiduciary records back to 1967. |
| Remote appearance | No remote or mail-in qualification practice is posted. If travel is a problem, call the wills and estates line before making plans. |
| Website | York County-Poquoson Circuit Court Clerk, wills and estates |
Before you begin — know the assets and liabilities
Good estate settlement in York County starts before the appointment. The clerk asks for the original will, if there is one, an official death certificate, the names, addresses and ages of the heirs at law, and the approximate value of the assets owned by the person who died.
Build the asset list before calling the clerk so the appointment can be productive. Sunset can search across more than 2,300 financial institutions to help identify accounts, insurance, retirement assets, and debts that affect whether qualification is needed, what the clerk will ask for, and what the commissioner of accounts will later review.
Which court handles jurisdiction
York County estates are opened at the York County-Poquoson Circuit Court Clerk's Office, 300 Ballard Street, Yorktown, VA 23690. The same elected Clerk of the Circuit Court also serves the City of Poquoson, which is a separate independent city and not part of York County. A York County estate remains a York County matter even though the office name includes both localities.
Venue in Virginia is the circuit court of the county or city where the decedent had a known place of residence (Va. Code § 64.2-443). The York County clerk gives the same practical rule: if a York County resident dies, the will should be probated in the York County-Poquoson Circuit Court Clerk's Office. If the person died in a nursing home or similar institution, residence is presumed to be where the person lived before becoming a patient.
The courthouse is in Yorktown and serves all of York County, including communities such as Grafton, Tabb, Seaford, Bruton, Lightfoot, Skimino, Mooretown, and Yorktown.
The jurisdiction process
- Decide whether qualification is needed. Some assets pass outside the estate, such as survivorship property, joint accounts with survivorship rights, and life insurance paid to a named beneficiary. If there is a will, the will may still need to be admitted to probate even when nobody qualifies.
- Call for the appointment. To probate a will or qualify as executor or administrator, call the clerk's wills and estates line at (757) 890-4106. The clerk's page says the appointment must be made with the clerk or a deputy clerk.
- Prepare what the clerk asks for. Bring the original will, if there is one, an official death certificate, the names, addresses and ages of the heirs at law, and the approximate value of the decedent's assets.
- Go to the clerk's counter in Yorktown. The appointment is at 300 Ballard Street. The clerk admits the will to probate and qualifies the personal representative, which is Virginia's word for being appointed and sworn in (Va. Code § 64.2-444).
- Pay the probate tax and clerk charges. The Commonwealth probate tax is 10 cents per $100 of value, and estates of $15,000 or less pay no probate tax (Va. Code § 58.1-1712). York County has not adopted the optional local probate tax allowed by Va. Code §§ 58.1-1718 and 58.1-3805. The clerk also collects any statutory qualification and recording charges that apply.
- Receive the certificate of qualification. The certificate of qualification, CC-1625, is the document banks, transfer agents, and others use to recognize the personal representative's authority (Va. Code § 64.2-506).
- Send the required notice and record the affidavit. After qualification or admission of the will, send the notice required by Virginia law and record the affidavit of notice with the clerk within the statutory period (Va. Code § 64.2-508).
- Work with the commissioner of accounts. The inventory and accounts go to the Commissioner of Accounts for York County and the City of Poquoson, not to the clerk. The commissioner's office is at 300 Ballard Street, with mail to P.O. Box 291, Yorktown, VA 23690, and phone (757) 890-4173.
- Administer and close the estate. The personal representative gathers assets, pays proper expenses and claims, distributes what remains, and files the required account or statement in lieu. The commissioner of accounts reviews the account, or the statement in lieu where it applies, and approves it as the local accounting step that closes out estate settlement in York County.
Executor duties
After the York County appointment, the local routing matters. The inventory and accounts go to the Commissioner of Accounts for York County and the City of Poquoson, whose office is at the courthouse address, 300 Ballard Street, but whose mail goes to P.O. Box 291, Yorktown, VA 23690. The clerk's mail goes to P.O. Box 371.
Call the commissioner at (757) 890-4173 before you mail an inventory or an account. The Judiciary's directory also lists an assistant commissioner of accounts with a separate Yorktown office, so confirm which office will handle your estate before sending paperwork.
The commissioner charges its own filing fees, the circuit court sets them, and the amount comes from the commissioner's office on (757) 890-4173 or from the clerk. No commissioner fee figure is posted for this circuit.
The affidavit proving that notice of probate was sent goes back to the clerk because it is recorded in the will book. Certified copies of the certificate of qualification also come from the clerk, and card payments at the clerk's counter carry the clerk's convenience fee.
Forms and documents
Probate forms in York County
York County has no local probate packet, checklist, cover sheet, or county-only probate form. The clerk sends people to the Commonwealth's statewide circuit court fiduciary forms.
| Form | Use in York County |
|---|---|
| CC-1650 | Probate information form used for the probate appointment. |
| CC-1651 | Probate tax return when the estate is over the statutory threshold for the Commonwealth probate tax (Va. Code § 58.1-1714). |
| CC-1611 | List of heirs, filed at qualification or when a will is presented without qualification (Va. Code § 64.2-509). |
| CC-1612 | List of heirs and real estate affidavit for the statewide real-estate route. |
| CC-1616 and CC-1617 | Notice regarding estate and affidavit of notice regarding estate. |
| CC-1618 | Waiver of notice of probate or qualification. |
| CC-1610 | Consent of nonresident fiduciary for service of process, used when a nonresident qualifies (Va. Code § 64.2-1426). |
| CC-1625 | Certificate of qualification, the authority document issued after qualification. |
| CC-1670 | Inventory of decedent's estate, filed with the commissioner of accounts. |
| CC-1680 | Account for decedent's estate, filed with the commissioner of accounts. |
| CC-1681 | Statement in lieu of settlement of account when the statewide requirements are met. |
| CC-1685 | Small estate affidavit under the statewide Virginia Small Estate Act. It is presented to the holder of the asset, not filed with the York County clerk. |
| CC-1686 and CC-1687 | Optional notice to creditors and affidavit of notice to creditors under Va. Code § 64.2-508.1. |
Use the Virginia Judiciary forms index for current forms and instruction sheets.
Fees
The only probate tax on a York County estate is the Commonwealth's, because the county has not adopted the optional local one. The Commonwealth probate tax is 10 cents per $100 of the estate's value, and estates of $15,000 or less pay none (Va. Code § 58.1-1712). Virginia lets a county or city add a local probate tax equal to one third of that amount (Va. Code §§ 58.1-1718, 58.1-3805), and York County has not adopted one, so the probate tax on a York County estate is the Commonwealth's alone.
| Local money item | York County rule |
|---|---|
| Local probate tax | Not adopted by York County. The clerk states that York County does not collect a local tax on estates, and the county tax code does not impose one. |
| Local fee in lieu | Not adopted by York County. |
| Payment methods | Visa or Mastercard, check, cash, or money order. |
| Card convenience fee | 4 percent or $2, whichever is greater. |
| Checks and money orders | Payable to York County-Poquoson Circuit Court. |
| Copies from the clerk | $0.50 per page for copies of court orders and documents filed with the clerk. |
| Certification by the clerk | $2.00 per document for certification. |
Local nuance
York County-specific considerations
| Local point | What it means for a York County estate |
|---|---|
| Shared clerk with the City of Poquoson | One elected Clerk of the Circuit Court serves York County and the City of Poquoson from 300 Ballard Street in Yorktown. Poquoson is a separate independent city, not part of York County. |
| Required appointment | To probate a will or qualify as executor or administrator, call the wills and estates line at (757) 890-4106. |
| Probate phone is not the main line | The main clerk number is (757) 890-3350. For an estate appointment, use (757) 890-4106. |
| Commissioner of accounts address | The commissioner uses the same street address as the clerk, 300 Ballard Street, but a different mailbox, P.O. Box 291. The clerk's mailbox is P.O. Box 371. |
| No York County local probate tax | York County has not adopted the optional local probate tax allowed by Va. Code §§ 58.1-1718 and 58.1-3805. |
| Recording cutoff | The counter is open until 4:00 p.m., but the clerk posts a 3:45 p.m. recording cutoff. Do not plan to arrive at the last minute with an original will. |
| Reading a recorded will | The clerk offers a free index for recorded documents without images. Images can be viewed in the clerk's office, and the clerk's paid remote access subscription includes wills and fiduciary records back to 1967. |
| Courthouse security | Visitors pass through metal detectors. The clerk's courthouse security page says personal electronics are secured in a locking pouch that courthouse personnel open. |
Recent updates
| Date | Local update |
|---|---|
| January 2026 | The clerk's office made VA Deed Alert available for York County land records. The Judiciary's free service emails a subscriber when a document matching a registered name is recorded. |
| July 1, 2022 | The clerk's office began offering electronic filing of case documents to attorneys and law firms for court cases. It does not open an estate or replace the in-person qualification appointment. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely York County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | If the deed has survivorship rights, the home does not pass through the estate. If solely held assets remain, call (757) 890-4106 for the appointment and bring the original will, death certificate, heir information, and asset values. The certificate of qualification is issued through the clerk, and the later inventory and accounts go to the commissioner of accounts at P.O. Box 291. | Sunset helps identify which accounts are solely held, which assets pass by beneficiary or survivorship, and what values to bring to the appointment and for the filings that come later. |
| Out-of-state adult child with a small estate | A small enough personal estate may avoid qualification under statewide Virginia law, and the small estate affidavit is presented to the asset holder, not filed with the York County clerk. If there is a will, it still goes to the clerk. If qualification is needed, a nonresident can serve by filing the required written consent to service of process, with surety handled under Virginia law (Va. Code §§ 64.2-1426, 64.2-1411). Call (757) 890-4106 before booking travel. | Sunset helps build the asset list, prepare the probate packet, and reduce the chance that an out-of-state family member has to make a second trip to Yorktown. |
| Parent settling a predeceased child's estate, home must be sold | If a home must be sold, qualification is often needed so someone has authority to act. The clerk will ask for the approximate asset value at the appointment, and York County adds no local probate tax on top of the Commonwealth probate tax (Va. Code §§ 58.1-1712, 58.1-1718). If the child died intestate and the only issue is title to real estate, the statewide list of heirs and real estate affidavit route may apply. | Sunset helps organize valuations, identify debts and accounts, generate the packet, and connect the parent with a local probate attorney when a sale or title issue needs legal work. |
Self-help resources
| Resource | How it helps | Link |
|---|---|---|
| York County-Poquoson Circuit Court Clerk, wills and estates | Books the probate appointment, admits the will, qualifies the executor or administrator, and records the will and list of heirs. Wills and estates phone: (757) 890-4106. | Wills and estates |
| York County Poquoson Circuit Court, Virginia Judicial System | Lists the court address, clerk's office hours, 3:45 p.m. recording cutoff, phone, fax, and court terms. | Court page |
| Commissioners of Accounts directory | Helps a York County personal representative find the commissioner of accounts office that reviews the inventory and accounts. | Commissioners of accounts |
| Virginia Judiciary circuit court forms | Statewide CC forms and instructions for probate, qualification, inventories, accounts, notice, small estate affidavits, and creditor notice. | Court forms |
| Virginia Judicial System Court Self-Help | General self-help information and a probate forms section. It does not replace the York County appointment instructions. | Self-help |
| York County-Poquoson index of recorded documents | Free index for recorded documents. It returns no images; the clerk explains how to view or buy copies through the office. | Recorded document index |
| York County-Poquoson land records and Secure Remote Access | Paid remote access to recorded documents, including wills and fiduciary records back to 1967. The same page links VA Deed Alert. | Land records |
| Clerk's payment policy | Explains accepted payment methods, card convenience charges, and who checks should be payable to. | Payment policy |
| Courthouse security | Explains metal detectors and the locking pouch policy for personal electronics before you bring the original will to the courthouse. | Courthouse security |
| Legal Aid Society of Eastern Virginia | General civil legal aid for income-qualified people. Its service area includes York County, but its listed help covers civil matters and estate planning documents, not representation for settling a deceased person's estate. | Apply for services |
When to hire an attorney
A lawyer is worth considering in York County when real estate must be sold, the will's power of sale is unclear, shoreline or waterfront property makes valuation difficult, the personal representative lives outside Virginia, a surety bond is required, a creditor claim is disputed, or the commissioner of accounts is pressing for an inventory or account. The clerk handles the appointment, but the estate settlement work after qualification is supervised through the commissioner of accounts. Sunset connects families with a vetted attorney when legal help is the right next step.
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank accounts, retirement accounts, life insurance, real estate, vehicles, debts, and other assets before the York County appointment, so the asset list is not built from memory alone.
Generate the probate packet. Sunset organizes the information needed for Virginia probate forms, heir information, notices, and the deadlines that follow qualification, including the documents that go to the commissioner of accounts.
Find a local probate attorney. When a York County estate involves a home sale, a dispute, a nonresident fiduciary, a bond issue, or creditor questions, 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 the local steps, and decide whether they need attorney help without paying Sunset a fee.
Frequently asked questions
Where do I file probate paperwork for a York County resident?
Call the York County-Poquoson Circuit Court Clerk's wills and estates line at (757) 890-4106 and make an appointment. The clerk's office is at 300 Ballard Street, Yorktown, VA 23690. Mail for the clerk goes to P.O. Box 371, Yorktown, VA 23690.
Does York County require a probate appointment?
Yes. The clerk says that to probate a will or qualify as administrator or executor, an appointment must be made with the clerk or a deputy clerk by calling (757) 890-4106.
Is the City of Poquoson part of York County for probate?
No. The City of Poquoson is a separate independent city. One elected Clerk of the Circuit Court serves both York County and the City of Poquoson from the Yorktown courthouse, but a York County estate is still a York County matter.
Can I open a York County estate through online filing?
No. Opening an estate in York County is an appointment with the clerk's wills and estates counter in Yorktown. The clerk offers electronic filing of case documents to the legal community for court cases, but that is not the route for probate or qualification.
Can I handle York County qualification by phone or video?
No remote or mail-in qualification practice is posted for York County. Virginia circuit courts may allow a party or witness to appear by phone or video in a civil proceeding at the court's discretion (Va. Code § 17.1-513.2), but qualification before the clerk is not that kind of hearing. If travel is a problem, call (757) 890-4106 and ask what the office can do.
How do I read a recorded York County will?
No free public portal shows a York County estate file. The clerk offers a free index for recorded documents without images. Images can be viewed at the clerk's office, and the clerk's paid remote access subscription includes wills and fiduciary records back to 1967.
Does York County add a local probate tax?
No. The Commonwealth probate tax is 10 cents per $100 of value, and estates of $15,000 or less pay none (Va. Code § 58.1-1712). Virginia lets a county or city add a local probate tax equal to one third of the state tax (Va. Code §§ 58.1-1718, 58.1-3805), but York County has not adopted one.
What number should I call about a York County estate?
Use the wills and estates line, (757) 890-4106. The clerk's main number is (757) 890-3350, but the probate appointment number is the wills and estates line.
Where do York County inventories and accounts go after qualification?
They go to the Commissioner of Accounts for York County and the City of Poquoson, not to the clerk. The commissioner's office is at 300 Ballard Street, with mail to P.O. Box 291, Yorktown, VA 23690, and phone (757) 890-4173.
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.