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1. How do I determine where to probate the will or qualify as personal representative?

• In Virginia, the Circuit Court Clerk is responsible for handling probate and estate qualification matters.
• Jurisdiction is determined by the last place of residence prior to death.
• If the decedent was in a nursing home at the time of death, jurisdiction is determined based on the residence occupied before the decedent became a resident of the nursing home.
• Contact information for all Virginia Circuit Court Clerks

2. How do I decide whether or not I should probate a will or qualify as Executor or Administrator of an estate?

There are several reasons why a will should be probated (or recorded). The three basic reasons are

• There may be assets that need to be administered by a personal representative (i.e., assets in the decedent's name alone, not held jointly with a right of survivorship)
• The decedent may have owned real estate in Chesterfield or elsewhere, either alone or jointly with someone.
• The will, once probated, would become a matter of public record, thereby serving as a formal genealogical link to the decedent's family.

By recording the will, it becomes a permanent record available for review by family members as well as potential beneficiaries and creditors.

3. What if the decedent died without a will and held only real estate at the time of his/her death?

• The real estate passes to the heirs at law.
• Although qualification is not typically necessary under these circumstances, it may be necessary to record a Real Estate Affidavit (form CC-1612) (PDF) in order to reflect the intestate transfer of property in the Court's land records.