ProbateUS
Probate Court

Virginia Beach city

Virginia

757-385-4181

Court Location & Contact

Address

2425 Nimmo Parkway, Building 10, 4th Floor, Virginia Beach, VA 23456-9017

Visit Official Court Website

Filing Fees

Virginia Beach city, Virginia

Fee TypeAmount
Probate Tax10 cents per $100 on estates valued at more than $15,000
List of heirs or a specified affidavit$25 (additional local fee of $25 may apply)
Qualifications$30
Recording and indexing Will, Real Estate Affidavit, Inventories, Accountings, or List of Heirs (≤ 10 pgs)$14.50
Recording and indexing Will, Real Estate Affidavit, Inventories, Accountings, or List of Heirs (11-30 pgs)$28.50
Recording and indexing Will, Real Estate Affidavit, Inventories, Accountings, or List of Heirs (> 31 pgs)$48.50

Judges & Officers

HT
Hon. Tanya Felton, Presiding Judge, Chief Judge
HA
Hon. Afshin Farashahi, Presiding Judge
HS
Hon. Scott Joseph Flax, Presiding Judge
HS
Hon. Salvatore R. Iaquinto, Presiding Judge
HJ
Hon. James Clayton Lewis, Presiding Judge
HL
Hon. Lynwood W Lewis
HS
Hon. Stephen C. Mahan, Presiding Judge
HJ
Hon. Jonathan L Stone

Required Forms

Probate Information Form (Form # CC-1650)
Probate Tax Return (Form # CC-1651)
List of Heirs (Form # CC-1611)
Inventory for Decedent's Estate (Form # CC-1670)

Probate Guide

Probate in Virginia Beach city, Virginia

The Virginia Beach city 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 Virginia Beach city, 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 Virginia Beach city

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

  2. File a petition with the Virginia Beach city 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 Virginia Beach city Probate Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the Virginia Beach city 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

Virginia does not have a separate probate court. The will should be probated in the Circuit Court of the city or county where the decedent resided. Probates are by appointment only; call 757-385-8831. Being a court of record, the Virginia Beach Circuit Court Clerk's Office DOES NOT accept legal notices, letters, filings, requests for information or official correspondence by way of email or fax.

Office Hours

Monday-Friday8:30AM - 4:00PM

FAQ

Where do I file for probate in Virginia Beach city, VA?

Probate petitions for estates in Virginia Beach city are filed at the Virginia Beach city Probate Court. Contact the court directly for filing instructions and office hours.

How much does probate cost in Virginia Beach city?

Probate filing fees in Virginia Beach city, 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 Virginia Beach city?

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 Virginia Beach city 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

General Trust & EstateTestamentary Planning+1

Andrew (Andy) Hook

Hook Law Center, P.C.

Virginia Beach

Business PlanningConservatorships/Guardianships+9

Benjamin Candland

McGuire Woods, LLP

Richmond

View all Virginia attorneys →