ProbateUS
Probate Court

King and Queen County

Virginia

804-785-5984

Court Location & Contact

Address

234 Allens Circle, King & Queen C.H., VA 23085

Fax

804-785-5698

Visit Official Court Website

Judges & Officers

JP
Joshua P. DeFord
BE
Benjamin Elliott Bondurant
RH
Richard H. Rizk
JW
Jeffrey W. Shaw
HB
Holly B. Smith

Probate Guide

Probate in King and Queen County, Virginia

The King and Queen County Probate Court handles all matters related to the estates of deceased persons, including the validation of wills, appointment of executors and administrators, and the supervised distribution of assets. If you need to file for probate in King and Queen County, VA, this guide covers what you need to know.

What Is Probate?

Probate is the legal process of settling a deceased person's estate. It involves validating the will (if one exists), identifying and inventorying assets, paying debts and taxes, and distributing remaining property to heirs and beneficiaries. In Virginia, the probate court in each county oversees this process.

When Is Probate Required in Virginia?

Probate is generally required when:

  • The deceased owned real estate solely in their name

  • The estate contains assets above Virginia's small estate threshold

  • There are disputes among heirs or creditors

  • Assets are not held in a trust or joint tenancy

Steps to File for Probate in King and Queen County

  1. Locate the will (if one exists) and gather the death certificate

  2. File a petition with the King and Queen County Probate Court to open probate

  3. Notify heirs and creditors as required by Virginia law

  4. Inventory the estate — identify all assets, debts, and liabilities

  5. Pay debts and taxes — settle outstanding obligations from estate funds

  6. Distribute remaining assets — according to the will or state intestacy laws

  7. Close the estate — file a final accounting with the court

How Long Does Probate Take?

In Virginia, probate typically takes 6 to 18 months depending on the complexity of the estate. Simple estates with no disputes may be resolved faster, while contested wills or complex asset distributions can take longer.

Do You Need a Probate Attorney?

While Virginia does not always require an attorney for probate, it is strongly recommended, especially for estates with significant assets, real estate, business interests, or potential disputes. A local probate attorney familiar with King and Queen County Probate Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the King and Queen County Probate Court directly or consult with a local probate attorney. You can also explore tools like EverSettled for step-by-step estate settlement guidance.

Additional Notes

The Clerk of the Circuit Court is the probate judge in admitting or denying wills to probate and in qualifying executors/administrators of estates. All King and Queen County records prior to 1864 were destroyed by fire. However, the Clerk's Office has available for public inspection and copying suit papers, deed books, marriage licenses and wills for the period 1864 to the present.

Office Hours

Monday-Friday8:30 AM - 4:30 PM

FAQ

Where do I file for probate in King and Queen County, VA?

Probate petitions for estates in King and Queen County are filed at the King and Queen County Probate Court. Contact the court directly for filing instructions and office hours.

How much does probate cost in King and Queen County?

Probate filing fees in King and Queen County, Virginia vary based on the estate value and type of petition. Contact the probate court clerk for the current fee schedule.

How long does probate take in Virginia?

Probate in Virginia typically takes 6 to 18 months. Timeline depends on estate complexity, creditor claims, and whether the will is contested.

Can I avoid probate?

Assets held in trusts, joint tenancy, or with designated beneficiaries (like life insurance and retirement accounts) can pass outside of probate. Consult with an estate planning attorney for strategies specific to your situation.

Do I need a lawyer for probate in King and Queen County?

While not always legally required in Virginia, a probate attorney is recommended for most estates, especially those involving real estate, business interests, or potential disputes among heirs.

What happens if someone dies without a will?

When someone dies intestate (without a will) in Virginia, their assets are distributed according to state intestacy laws. The King and Queen County Probate Court will appoint an administrator to manage the estate.

Probate Attorneys

ACTEC Fellows in Virginia

Alison Zizzo

Midgett Preti Olansen

Virginia Beach

Allan Donn

Willcox & Savage, P.C.

Norfolk

Alvi Aggarwal

Yates Campbell LLP

Fairfax

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Andrew (Andy) Hook

Hook Law Center, P.C.

Virginia Beach

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Benjamin Candland

McGuire Woods, LLP

Richmond

View all Virginia attorneys →