Detailed Answer
Under Virginia law, estate records maintained by the probate division of the circuit court become public after final settlement. See Va. Code §64.2-114 (https://law.lis.virginia.gov/vacode/title64.2/chapter2/section64.2-114/). Anyone may request to inspect or copy these files by providing certain key details to the clerk’s office.
Essential Information to Provide
- Decedent’s Full Name: The legal name as it appears on the death certificate or will.
- Date of Death: Month, day, and year.
- Court and Jurisdiction: The circuit court and county where the estate was probated.
- Estate File or Case Number: If known; this expedites the search.
- Personal Representative or Executor Name: The individual appointed by the court.
- Type of Record Requested: Specify if you need certified copies, letters testamentary, the will, accountings, or other documents.
- Contact Information: Your full name, mailing address, phone number, and email.
- Payment Method: Courts charge fees for copies; see Va. Code §17.1-205 (https://law.lis.virginia.gov/vacode/title17.1/chapter6/section17.1-205/).
Request Steps
- Identify the correct circuit court clerk’s office in the county where probate occurred.
- Complete any required records request form, available online or in person.
- Submit the form along with the information above and the required fee.
- Await the clerk’s office confirmation and instructions for document pickup or mailing.
Disclaimer: This article provides general information and does not constitute legal advice. Consult an attorney for guidance specific to your situation.
Helpful Hints
- Visit the clerk’s office website to download request forms and view current fee schedules.
- Inquire whether you can submit your request by email or mail to save time.
- Confirm if the county offers online access to probate records or an e-filing system.
- Prepare to pay by check, money order, or credit card, based on the clinic office’s accepted methods.
- If you don’t know the file number, provide as much identifying detail as possible to help staff locate the case.
- Keep copies of all submitted forms, correspondence, and payment receipts.