Detailed answer: What you typically must bring to open probate and take the oath in Virginia
This guide explains, in plain language, the documents commonly required to apply for appointment as a personal representative (executor or administrator) and to take the oath in a Virginia probate proceeding. It is intended to help you understand the process so you can gather paperwork before you visit the circuit court clerk’s office. This is general information only and not legal advice.
Who files
Usually the person named as executor in the decedent’s will will apply for appointment. If there is no will, a close family member or another interested person typically files to be appointed as administrator. The local circuit court handles probate matters.
Key documents most Virginia circuit court clerks will expect
- Original will (if one exists) — Bring the original signed will. The clerk typically needs the original to admit it to probate.
- Certified copy of the death certificate — A certified long-form death certificate is usually required to open an estate.
- Probate application/petition — Many courts use a standard form or require a written application asking the court to admit the will to probate and/or appoint a personal representative. The Virginia AOC provides probate forms and guidance at: https://www.vacourts.gov/forms/probate/.
- Identification for the applicant — Photo ID for the person applying (driver’s license or other government ID) and contact information.
- Oath form — The personal representative must take the oath required by the court before receiving Letters Testamentary or Letters of Administration. Clerks can provide the oath form or include it in the appointment paperwork.
- Bond (if required) — The court may require a fiduciary bond (surety bond) to protect estate creditors and beneficiaries. Some wills waive bond for the nominated executor; if the will contains a bond waiver, bring the will clause to the clerk. Whether a bond is required is governed by Virginia probate law; see Title 64.2 of the Virginia Code: https://law.lis.virginia.gov/vacode/title64.2/.
- List of known heirs and beneficiaries — Names, addresses, and relationships of heirs and beneficiaries make service and notice easier.
- Estimated inventory of assets — A preliminary list of bank accounts, real property, vehicles, life insurance, and other assets (and their approximate values). The court typically requires a formal inventory later, but having a list helps the clerk advise you.
- Renunciations or consents (if applicable) — If someone named as executor or entitled to appointment declines, a signed renunciation can speed the appointment of an alternate representative.
- Filing fee or fee waiver paperwork — Most circuit courts charge a filing fee. Confirm the amount with the local clerk and bring acceptable payment. If you cannot pay, ask the clerk about a fee waiver application.
- Other supporting documents (as available) — Deeds or titles for real property, life insurance policies, recent bank statements, and tax ID information for the estate (when later requested).
When there is no will (intestate) — required or helpful items
If the decedent died without a will, the applicant will file for appointment as administrator. The same basic documents are needed except there is no original will; instead the applicant should prepare a list of heirs-at-law and their addresses. The court follows Virginia’s intestacy rules (see Title 64.2): https://law.lis.virginia.gov/vacode/title64.2/.
Small-estate or simplified procedures
Virginia provides limited or simplified procedures for small estates in some situations. If the estate falls under the monetary or procedural limits for small-estate handling, you may not need full probate. Check with the circuit court clerk about alternatives or review the Virginia Code (Title 64.2) and the AOC guidance: https://www.vacourts.gov/forms/probate/.
What happens at the clerk’s office
- The clerk accepts and files the application/petition and the original will (if any).
- The applicant signs the prescribed oath and any required bond is posted (or a waiver is recorded).
- The clerk issues Letters Testamentary or Letters of Administration once requirements are met.
- The clerk will explain notice requirements to creditors and may provide or direct you to required forms.
Where to find Virginia statutes and official probate forms
Virginia Code, Title 64.2 (Wills; Administration of Estates) governs probate and appointment of personal representatives: https://law.lis.virginia.gov/vacode/title64.2/. The Office of the Executive Secretary of the Virginia Courts publishes probate forms and filing guidance at: https://www.vacourts.gov/forms/probate/. Your local circuit court clerk’s office can confirm local practices, required forms, and current fees.
When to get legal help
Consider speaking with an attorney if the estate is large, includes out-of-state property, involves business interests, has tax complications, or if disputes among heirs are likely. An attorney can prepare petitions, advise about bonds, and represent the estate in contested matters.
Disclaimer: This information is educational only and not legal advice. For legal advice about a specific estate, contact a qualified Virginia attorney or the circuit court clerk.
Helpful Hints
- Call the circuit court clerk before you go to confirm the office’s hours, filing fee, and any local form requirements.
- Bring multiple copies of the death certificate; you will need certified copies for banks and other institutions.
- Locate the original will—probate usually requires the original signed document.
- Check the will for a bond waiver clause—if the will waives bond for the named executor, bring the will to the clerk to avoid unnecessary bonding costs.
- Prepare a simple asset list to speed the initial meeting with the clerk; a full inventory is usually filed later.
- If several people might claim the right to serve, ask the clerk about notice and potential hearings so you are prepared.
- If outreach to beneficiaries is difficult, get help compiling current addresses before filing.
- Keep careful records and copies of everything you file and receive from the court—these will be needed during administration and for tax purposes.
- Use official forms from the Virginia AOC when possible: https://www.vacourts.gov/forms/probate/