Probate

Department Responsibilities 

The Code of Virginia grants the Clerk the power to do the following: probate wills; appoint and qualify Executors or Administrators for decedents’ estates; appoint and qualify Testamentary Trustees; qualify Guardians and/or Conservators for Incapacitated Adults; qualify a Guardian for the person of a minor; and appoint and qualify a Guardian for the estate of a minor. 

An individual has no legal authority to act or perform duties as an Executor, Administrator, Testamentary Trustee, Guardian, or Conservator until they have been appointed by the Court or the Clerk and formally qualified before the Clerk as such. Jurisdiction is given to the Circuit Court of the county/city in which the decedent resided at the time of death or (in cases of Guardian/Conservatorship) where the court hearing for appointment took place.

All qualifications are completed by appointment. To schedule, please complete the Application for Probate Appointment (PDF) and submit it to our probate department via email to henryprobate@vacourts.gov or deliver it to our office at 3160 Kings Mountain Road, Suite B, Martinsville, VA 24112 by U.S. Mail or in-person drop-off. 

For any probate questions, call 276-634-4880 and select option 4. 

Disclaimer 

Please note that the Clerk and their Deputies are not permitted to provide legal advice. The purpose of this page is to provide information regarding procedural matters involved in probate, appointment, qualification, and duties of executors, administrators, testamentary trustees, guardians, and conservators. If you need legal assistance, please see an attorney.

Estate of a Decedent (Person Who Has Passed Away)

A person’s estate is composed of both the real and the personal property that they own at the time of their death. Real property is any real estate in which the decedent had an interest. Personal property, or personal estate, includes – but is not limited to – motor vehicles, bank accounts, investment accounts, or insurance policies in the name of the decedent alone without beneficiaries or right of survivor.  There are several ways that estates may be handled; however, they are always placed into one of the following categories:

  1. Testate Estate – Estate of someone with a Last Will & Testament.
  2. Intestate Estate – Estate of someone without a Last Will & Testament.

Please follow the above link that best fits your situation for more information regarding probate and qualifications. You may also read the Probate in Virginia brochure (PDF) provided by the Virginia Supreme Court for answers to frequently asked questions (FAQs).

**If you have already formally qualified as executor/administrator and need to get your EIN# for an Estate Checking Account, go to: EIN Individual Request - Online Application (irs.gov).**

Testamentary Trustees

A testamentary trustee is a trustee appointed by a decedent’s will. They cannot exercise their powers until the will is probated and they have formally qualified before the Clerk.

Guardian/Conservator for an Incapacitated Adult

A Guardian/Conservator for an Incapacitated Adult can only be appointed by the Court through a civil hearing. Once appointed by a court order, the Guardian and/or Conservator will meet with the probate department to formally qualify before the Clerk. More information on Guardians/Conservators for Incapacitated Adults is provided by the Virginia Supreme Court and can be found here:

Guardian for the Person or Estate of a Minor

Guardians for the person or estate of a minor can be appointed by a will, the Clerk, or the Court. Their powers cannot be exercised until they have met with the probate department to formally qualify before the Clerk.