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 where the decedent resided at the time of death or (in cases of Guardian/Conservatorship) where the court hearing for appointment occurred.

All qualifications are completed by appointment.  Please complete the Probate Information form and packet and return it with the ORIGINAL LAST WILL AND TESTAMENT, DEATH CERTIFICATE, or OBITUARY. These documents can be scanned and submitted via email to ehamilton@martinsvilleva.gov  or delivered in person to the Clerk’s Office.  The Probate Clerk will contact you to schedule an appointment.

If the personal estate (not including real estate) is less than $50,000, and at least 60 days have elapsed since the decedent’s passing, a Virginia Small Estate Act Affidavit can be used pursuant to Virginia Code Section 64.2-600 and Section 64.2-601.

If you need assistance completing the forms, please contact the Clerk’s Office.