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Virginia · 25th Judicial Circuit of Virginia

Alleghany County Clerk of the Circuit Court Guide

Clerk of the Circuit Court information · Updated June 2026

Settling an estate while grieving is hard. This page takes it one step at a time, and free local help is listed below.

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Not sure if you need probate?

Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.

Immediate Actions

The first days

First: Get Death Certificates

Required for everything

Virginia Office of Vital Records

Certified Virginia death certificates are issued by the state Office of Vital Records (about $12 per copy), orderable online, by mail, or in person, and at some local DMV Select and health department locations. Alleghany County families order through the state office; the local Circuit Court Clerk does not issue death certificates.

How to order

Secure the Property

  • Lock the residence and secure valuable items
  • Forward mail to a responsible family member
  • Make a list of what you find (don't throw anything away yet)

Locate Important Documents

Will or trust documents
Property deeds
Bank/investment statements
Insurance policies
Vehicle titles
Tax returns (last 3 years)

Required by Law

Legal duties

Deposit the Will

A custodian of a will has a duty to deliver it after the testator's death (Va. Code 64.2-444). Virginia does not set a fixed numeric day count for this duty in this template; the will is offered for probate before the Clerk of the Circuit Court. Verify the custodian's obligations and timing with the court. (Va. Code 64.2-444)

Cost: Verify locally
Where: Alleghany Circuit Court Clerk's Office (Probate)
Clerk Website

Notify Key Parties

  • Banks and credit card companies (to prevent unauthorized use)
  • Social Security Administration (1-800-772-1213)
  • Employer (if applicable) for final paycheck and benefits

Assess Your Situation

Before filing anything

Which probate type is right for you?

1

Small estate? If the estate is worth less than the Virginia small-estate limit (shown on the options below), you may qualify for simplified procedures.

2

Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.

3

Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.

Select a probate type below to see specific requirements and costs.

Which applies to your situation?

Not sure? Use the free checker at the top of this page - you don't have to decide this alone.

Virginia's small estate procedure lets a successor collect personal property by affidavit when the entire personal probate estate does not exceed $75,000, at least 60 days have passed since death, and no personal representative has qualified or has an application pending. Verify eligibility for the specific assets and institutions involved.

Qualifies:
$75,000

Virginia has no separate 'summary administration,' but offers simplified paths: collection of small assets by affidavit when the personal probate estate is $75,000 or less (Va. Code 64.2-601), payment or delivery of a single small asset of $35,000 or less without an affidavit (Va. Code 64.2-602), transfer of a decedent's motor vehicle by a distributee (Va. Code 64.2-606 and Va. Code 46.2-634), and direct vesting of real estate in heirs or devisees outside administration. Availability depends on the facts and should be verified locally.

Qualifies:
Smaller estates that meet the state limit

Documents you'll need:

  • Certified Death Certificate
  • Small Estate Affidavit
  • Real Estate Affidavit

The executor (with a will) or administrator (without a will) qualifies before the Clerk of the Circuit Court, receives a certificate of qualification, files an inventory (Form CC-1670) with the Commissioner of Accounts within four months of qualification, and files accounts (Form CC-1680). Real estate generally passes directly to heirs or devisees at death and is administered only if needed to pay debts. Verify bond, surety, original-will, and notice requirements with the court.

Attorney:
not required by law, though many families use one

Documents you'll need:

  • Certified Death Certificate
  • Original Will
  • Qualification before the Clerk of the Circuit Court
  • List of Heirs
  • Real Estate Affidavit
  • Probate Tax Return
  • Inventory for Decedent's Estate
  • Account for Decedent's Estate

Virginia's small estate procedure allows a successor to collect personal property by affidavit when the entire personal probate estate does not exceed $75,000, at least 60 days have passed since death, and no personal representative has qualified or has an application pending.

Qualifies:
$75,000

Documents you'll need:

  • Certified Death Certificate
  • Small Estate Affidavit

A person holding a single small asset of the decedent valued at $35,000 or less may pay or deliver it to a designated successor without a small estate affidavit, subject to the statute's conditions. Verify eligibility before relying on this path.

Qualifies:
$35,000

File for Probate

Where to file, forms & fees

Where to File

Office: Alleghany County Circuit Court
Address: 266 West Main Street, P.O. Box 670, Covington, VA 24426-0670
Hours: Monday through Friday, 8:30 a.m. to 4:30 p.m.
How: in person, by appointment
Get Forms

Free Filing Help Available

Alleghany Circuit Court Clerk's Office (Probate) / Alleghany Commissioner of Accounts can help you understand forms and filing requirements at no cost.

Visit Self-Help Center

Other Topics That May Apply

Property & Real Estate

Property transfer after death, recording

Alleghany Circuit Court Clerk

Website

Vehicle Title Transfer

Retitle or transfer the deceased's vehicle. Office, forms, fees.

Virginia DMV Customer Service Center — Covington

Address:
121 Mall Road, Covington, VA 24426
Hours:
Monday-Friday 8:00 AM-5:00 PM
Office Website

When a Virginia vehicle owner dies, the certificate of title must be transferred to remove the deceased owner's name. The transfer path depends on the ownership situation: co-owner with survivorship rights, co-owner without survivorship rights, executor/administrator-managed estate, small estate (no formal administration), transfer-on-death beneficiary, or legatee/distributee (no qualification on estate). All transfers are processed at Virginia DMV Customer Service Centers (CSCs) or, for surviving co-owners, online.

Transfer scenarios

Co-Owner with Right of Survivorship

Documents needed:

  • Certified or notarized death certificate
  • Vehicle title (if lost/stolen: VSA 67; if damaged: VSA 67 plus surrender of title)
  • Payment of applicable fees

Submit documents to a DMV CSC in person, or use the DMV's online option to remove the deceased co-owner's name. Receive new title and registration in the surviving owner's name.

Co-Owner Without Right of Survivorship

Documents needed:

  • Certified or notarized death certificate
  • Vehicle title (if lost/stolen: VSA 67)
  • Proof of address
  • Payment of applicable fees
  • One of: (a) copy of will + completed VSA 24; OR (b) completed VSA 24 only (if no will); OR (c) small estate affidavit (estate value under $75,000 per Va. Code § 64.2-600 as amended 2025)

If an executor/administrator has been appointed, they will handle the transfer. If none has been appointed, submit all documents at a DMV CSC.

Executor or Administrator of the Estate

Documents needed:

  • Letters Testamentary or Letters of Administration (court appointment document)
  • Vehicle title
  • Certified or notarized death certificate
  • Payment of applicable fees

The appointed executor or administrator presents court-issued Letters and the vehicle title at a DMV CSC to transfer ownership to the estate or the named beneficiary.

Small Estate — No Formal Administration

Documents needed:

  • Small estate affidavit (all known successors must sign), stating: (1) estate value does not exceed $75,000; (2) 60+ days have elapsed since death; (3) no personal representative application pending or granted; (4) the decedent's will, if any, has been probated; (5) the claiming successor is entitled to the asset
  • Vehicle title (or VSA 67 if lost)
  • Certified or notarized death certificate
  • Payment of applicable fees

All known successors prepare and sign the affidavit. The designated successor presents it at a DMV CSC. The DMV shall transfer title upon presentation of a compliant affidavit (Va. Code § 64.2-601).

Legatee or Distributee — No Qualification on Estate

Documents needed:

  • Statement by legatee or distributee stating: no qualification pending or expected; decedent's debts have been paid or proceeds from sale will be applied to debts; decedent's name, residence at death, date of death; names of all other persons with interest in the vehicle
  • Written consent from all other interested persons of legal age
  • Vehicle title
  • Certified or notarized death certificate
  • Payment of applicable fees

Legatee or distributee presents statement and required documents at a DMV CSC.

Transfer-on-Death (TOD) Beneficiary

Documents needed:

  • Proof of death of the owner (death certificate)
  • Certificate of title with TOD designation
  • Application for Certificate of Title and Registration (VSA 17A)
  • Payment of applicable fees

TOD beneficiary applies at a DMV CSC for a new certificate of title, submitting proof of the owner's death and other required documents. Must apply within 120 days of the owner's death. No probate or court order required.

Forms

  • Application for Certificate of Title and Registration(VSA 17A)(Available at DMV CSCs and for download from dmv.virginia.gov/vehicles/vehicle-forms.)
  • Statement of Authority to Assign Title(VSA 24)(Required when there is no executor/administrator. Use with a copy of the will (if one exists) or alone (if no will). Available at DMV CSCs and at dmv.virginia.gov/vehicles/vehicle-forms.)
  • Application for Transfer and Supplemental Liens(VSA 66)(Surviving legal heir, executor, or administrator may complete VSA 66 on behalf of the deceased owner to obtain a replacement title. Must be accompanied by death certificate and authority documents.)
  • Application for Replacement and Substitute Titles(VSA 67)(If the existing title is lost or stolen, submit VSA 67. If the existing title is damaged, submit VSA 67 plus surrender of the damaged title. Available at DMV CSCs.)
  • Power of Attorney to Sign for Owner(VSA 70)(May be needed if a representative is signing on behalf of an estate or heir. Available at DMV CSCs.)

Fees

Virginia DMV fee schedule is published in form DMV-201 (PDF) available at https://www.dmv.virginia.gov/sites/default/files/dmv201.pdf and linked from https://www.dmv.virginia.gov/vehicles/taxes-fees. Fees include a title fee for new/transfer titles and separate registration fees. Transfers to heirs and legatees are exempt from Virginia Sales and Use Tax. Confirm current fee amounts with the DMV-201 PDF or at any DMV CSC.

Small-estate vehicle transfer

Virginia's small estate affidavit procedure under Va. Code § 64.2-601 allows a designated successor to claim a deceased person's personal property — including motor vehicles — without opening a probate proceeding, when the entire personal probate estate does not exceed $75,000 in value (as of date of death) and at least 60 days have elapsed since death. Note: The Virginia DMV website (dmv.virginia.gov/records/family-deceased/transfer-ownership) still states the threshold as $50,000 as of 2026-06-27, but the current statutory threshold under Va. Code § 64.2-600 as amended by 2025, c. 148 is $75,000.

Virginia's small estate statute (Va. Code §§ 64.2-600 through 64.2-601) was amended in 2025 (c. 148) to raise the 'small asset' threshold from $50,000 to $75,000. The DMV website has not yet been updated. Motor vehicles are explicitly included in the definition of 'small asset' as items of tangible personal property.

Lost or duplicate title

If the original certificate of title is lost, stolen, mutilated, or illegible, a replacement or substitute title must be obtained before completing the deceased-owner transfer. For a deceased owner's vehicle, a surviving legal heir, executor, or administrator can apply for the replacement title using VSA 66.

Present VSA 67 (if original is lost/damaged) or VSA 66 (for deceased-owner replacement request) along with the death certificate and authority documents at a DMV CSC. Once a replacement title is issued, all prior titles are invalid.

Form:Application for Replacement and Substitute Titles(VSA 67)

Helpful resources

Statewide forms and steps live in the vehicle title transfer guide. If the title cannot be found, see selling a car without a title.

Vehicle sources (10)

You've seen what probate involves. Here's how to spare your own family.

A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.

See how to avoid probate in Virginia

Frequently Asked Questions

How much does probate cost in Alleghany County?
Probate filing fees in Alleghany County, Virginia vary by the type of administration. Contact the Clerk of the Circuit Court for the current fee schedule.
How long does probate take in Alleghany County?
Timelines depend on the probate procedure, the court, and whether notice or publication is required. Simplified procedures can range from a few weeks to several months, while full administration often takes 6-12 months or longer.
Do I need an attorney for probate in Alleghany County?
Attorney requirements depend on the type of administration and your specific situation. Consider talking with a probate attorney before filing or making legal decisions.

More Virginia Resources

Explore the rest of the Virginia probate hub.

Do I need probate?5 pages
For the executor5 pages
Money and taxes5 pages
Family and inheritance5 pages
Transfer assets5 pages
File and learn5 pages

Verified against Alleghany County Circuit Court on June 10, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Virginia can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.