1Immediate Actions
The first days
First: Get Death Certificates
Required for everythingVirginia 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. Newport News (city) families order through the state office; the local Circuit Court Clerk does not issue death certificates.
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
2Required by Law
Legal duties
Deposit the Will
A person who has custody of a will must, after the testator's death, deliver it to a person able to secure its probate or to the clerk of an appropriate circuit court (Va. Code 64.2-444). Wills are offered for probate before the Newport News Circuit Court Clerk. No fixed day count is set by this template; verify any local timing expectations with the Clerk. (Va. Code 64.2-444)
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
3Assess Your Situation
Before filing anything
Which probate type is right for you?
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.
Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.
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.
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, a successor may collect personal property by affidavit without full administration (Va. Code 64.2-601). The Newport News Probate FAQs reference smaller local handling thresholds and note that small estate affidavit forms are available in the Clerk's Office or at the financial institution; verify the applicable threshold and the specific institution's requirements before relying on this path.
- 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 Newport News Circuit Court Clerk, receives a certificate of qualification, files a list of heirs and an inventory (Form CC-1670) with the Commissioner of Accounts within four months of qualification, and files accountings. The fiduciary must also give written notice of qualification or probate to the heirs and beneficiaries within 30 days. Real estate generally passes directly to heirs or devisees at death and is administered only if needed to pay debts. Verify bond, notice, and local processing requirements with the Clerk.
- 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 $35,000 or less may pay or deliver it to a designated successor without an affidavit and without administration, subject to the conditions in Va. Code 64.2-602.
- Qualifies:
- $35,000
4File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Newport News Circuit Court Clerk's Office - Probate Division can help you understand forms and filing requirements at no cost.
Visit Self-Help Center