ProbateUS
Probate Court

Middlesex County

Virginia

804-758-5317

Phone

804-758-5317

Fax

804-758-8637

Probate Records

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In Middlesex County, Virginia, you file a probate case with the Middlesex County probate court at 73 Bowden Street, Saluda, VA 23149. You can reach the court at 804-758-5317. Below you'll find 1 filing fee, 50 downloadable forms and the office hours.

Court details last updated

Court Location & Contact

Address

73 Bowden Street, Saluda, VA 23149

Fax

804-758-8637

Search Probate RecordsVisit Official Court Website

Filing Fees

Middlesex County, Virginia

Fee TypeAmount
Probate tax$1.00 per $1,000.00 value of the estate

Judges & Officers

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

Probate Forms Library

50 fillable forms. Scroll the list to see them all.

1041 — Accumulation Distribution for Certain Complex TrustsfederalDownload
1041-T — Allocation of Estimated Tax Payments to BeneficiariesfederalDownload
1041 — Alternative Minimum Tax — Estates and TrustsfederalDownload
Application For Burial BenefitsfederalDownload
SSA-4 — Application for Child's Insurance BenefitsfederalDownload
SF 2800 — Application for Death Benefits (CSRS)federalDownload
SF 3104 — Application for Death Benefits (FERS)federalDownload
Application For DIC, Survivors Pension And/Or Accrued BenefitsfederalDownload
SS-4 — Application for Employer Identification NumberfederalDownload
706 — Application for Extension of Time To File a Return and/or Pay U.S. Estate TaxesfederalDownload
SSA-10 — Application for Widow's or Widower's Insurance BenefitsfederalDownload
1041 — Beneficiary's Share of Income, Deductions, Credits, etc.federalDownload
1041 — Capital Gains and Losses (Estates and Trusts)federalDownload
706-CE — Certification of Payment of Foreign Death TaxfederalDownload
FE6 — Claim for Death Benefits (FEGLI)federalDownload
VA40-1330 — Claim For Standard Government Headstone Or MarkerfederalDownload
SF 2818 — Continuation of Life Insurance Coverage as AnnuitantfederalDownload
FE7 — Designation Of Beneficiary (FEGLI)federalDownload
SF 2823 — Designation Of Beneficiary Federal Employees' Group Life InsurancefederalDownload
FS 5336 — Disposition of Treasury Securities Belonging to a Decedent's Estate Being Settled Without AdministrationfederalDownload
8855 — Election To Treat a Qualified Revocable Trust as Part of an EstatefederalDownload
1041 — Estimated Income Tax for Estates and TrustsfederalDownload
706 — Generation-Skipping Transfer Tax (Form 706)federalDownload
706-GS — Generation-Skipping Transfer Tax Return for DistributionsfederalDownload
706-GS — Generation-Skipping Transfer Tax Return for TerminationsfederalDownload
8971 — Information Regarding Beneficiaries Acquiring Property From a DecedentfederalDownload
56 — Notice Concerning Fiduciary RelationshipfederalDownload
706-GS — Notification of Distribution From a Generation-Skipping TrustfederalDownload
1041-V — Payment Voucher (Estate or Trust)federalDownload
I-360 — Petition For Amerasian, Widow(er), Or Special ImmigrantfederalDownload
2848 — Power of Attorney and Declaration of RepresentativefederalDownload
FS 1455 — Request By Owner or Person Entitled to Payment for Reissue of United States Savings BondsfederalDownload
706 HAS — Request for Discharge From Personal Liability Under IRC 2204 or 6905federalDownload
4810 — Request For Prompt Assessment Under Internal Revenue Code Section 6501(d)federalDownload
FS 1522 — Special Form of Request for Payment of United States Savings and Retirement SecuritiesfederalDownload
SSA-721 — Statement of Death by Funeral DirectorfederalDownload
1310 — Statement of Person Claiming Refund Due a Deceased TaxpayerfederalDownload
706-NA — U.S. Estate Tax Return for Nonresident Not a Citizen of the U.S.federalDownload
706-QDT — U.S. Estate Tax Return for Qualified Domestic TrustsfederalDownload
1041 U — U.S. Income Tax Return for Estates and TrustsfederalDownload
1041-A — U.S. Information Return Trust Accumulation of Charitable AmountsfederalDownload
706-A — United States Additional Estate Tax ReturnfederalDownload
706 UNITED — United States Estate (and Generation-Skipping Transfer) Tax ReturnfederalDownload
709 — United States Gift (and Generation-Skipping Transfer) Tax ReturnfederalDownload
CC-1609 — Certificate of Creditor or Person Other Than a DistributeestateDownload
CC-1603 — Deposition of Witness to Prove Signatures of Deceased Attesting Witnesses and of the TestatorstateDownload
CC-1651 — Form CC-1651 PROBATE TAX RETURN ...Virginia Court SystemstateDownload
INSTRUCTIONS — PROBATE INFORMATION FORMVirginia Court SystemstateDownload
CC-1644 — Sample Form CC-1644stateDownload
ET10 — Small Estate Heirship Affidavit for Estates Not More Than 50,000stateDownload

How Probate Works in Middlesex County

Probate in Middlesex County, Virginia

The Middlesex 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 Middlesex 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 Middlesex County

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

  2. File a petition with the Middlesex 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 Middlesex County Probate Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the Middlesex 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.

Funeral homes near the Middlesex County probate court

Additional Notes

To probate a will or qualify as administrator or executor, an appointment must be made with the Clerk or Deputy Clerk.

Office Hours

Monday-Friday8:00 AM - 4:00 PM

Common Questions

Where do I file for probate in Middlesex County, VA?

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

How much does probate cost in Middlesex County?

Probate filing fees in Middlesex 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 Middlesex 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 Middlesex County Probate Court will appoint an administrator to manage the estate.

Probate Attorneys

The closest we list to this court

Robert (Bob) Miller

Robert C. Miller, PLLC

Newport News · 37 mi

Benjamin Candland

McGuire Woods, LLP

Richmond · 46 mi

Meghan Hubbard

McGuire Woods, LLP

Richmond · 46 mi

Fiduciary LitigationGeneral Trust & Estate+1

David (Dave) Addison

Richmond · 46 mi

Farhad Aghdami

Williams, Mullen, Clark & Dobbins, P.C.

Richmond · 46 mi

Business PlanningCharitable Planning+5
See more attorneys near Middlesex County→

Related Resources

VirginiaProbate Guide →All VirginiaCourts →Virginia small estate checker→Banks and Insurers to Notify →