Who in the Circuit Court handles the probate of wills?
Usually, the Clerk of the Circuit Court or a deputy clerk handles the probate of wills and the Circuit Court judge is not involved. (Virginia Code Annotated 64.1-77) However, any person interested in the will may appeal to a judge within six months of the order of the clerk admitting a will to probate. (Virginia Code Annotated 64.1-78) Where should the will be probated? Virginia does not have a separate probate court. The will should be probated in the Circuit Court of the city or county where the decedent resided or where the decedent owned real estate; or if none, where the decedent owned any real estate; or if none, where the decedent died or has any estate. If the decedent died in a nursing home or similar institution, then that person’s residence is presumed to be where he or she resided prior to becoming a patient at such home.
