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General Information

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General Information. The Clerk of the Circuit Court of Fauquier County acts as Probate Judge. She probates the will, if there is one, and/or appoints executors or administrators of estates for deceased individuals who resided in this County. You may refer toA Guide to the Administration of Decedents' Estates in Virginia prepared by the Virginia Bar Association for additional information regarding estate procedures. You may refer to Probate in Virginia prepared by the Virginia Court Clerks Association and Wills in Virginia prepared by the Virginia State Bar for further information regarding the preparation of wills. Various Fiduciary forms are posted on the Virginia Courts web site.

Wills. In order to probate a will, the Clerk must have the original. A copy is not acceptable. If the will is notarized and has a self-proving clause consistent with Virginia Code Section 64.2-452, no further evidence is needed to put the will to record. If is witnessed by at least two witnesses, but does not have a self-proving clause, the witnesses must submit a notarized statement regarding the execution of the will. If the will is handwritten by the decedent, two witnesses to the handwriting must execute a deposition form.

Qualification of Personal Representatives. Probate is done by appointment. Prior to the appointment, the person probating the will or applying for qualification as a personal representative must provide the following:

  1. the original will, if there is one
  2. contact information for the person(s) requesting appointment
  3. a certified copy of the death certificate
  4. an estimate of the value of the assets held solely in the decedent’s name, and
  5. the names and addresses of all legal heirs (See Virginia Code Section 64.2-200.)

You may use the attached form to provide this information or you may use this version of the Request for Probate Form if you want to type the information before printing it. (Note to Attorneys and other Estate Advisors: Use forms set out in Item E below.)

Information for Attorneys and Estate Advisors. In lieu of the form mentioned above, please complete the forms set out below prior to requesting a probate appointment for your client:

  1. Probate Information Form (Form CC-1650)
  2. Probate Tax Return (Form CC-1651)
  3. List of Heirs (Forms CC-1611)

Please send copies of the drafted forms—these forms do not have to be signed by your client until the probate appointment—to the Clerk’s Office, together with a copy of the will and the death certificate.