Circuit Court Alert:
The Fairfax Circuit Court Probate Division is located at the Fairfax County Courthouse at 4110 Chain Bridge Road, Suite 401 in the City of Fairfax. To ensure quality assistance, appointments to meet with a probate clerk are held at 8 a.m., 9 a.m., 10 a.m., 11 a.m., noon and 2:30 p.m., Monday through Thursday and 8 a.m. and 2:30 p.m. on Fridays. All appointments are held in the Probate Division. Please call 703-691-7320 (press 3, 5, 1), TTY 711 to schedule an appointment.
To probate an estate, you must go to the Circuit Court of the county in which the decedent resided at the time of death. Those who had resided within the city limits of Falls Church must report to the Arlington County Circuit Court, and those residing within the limits of the City of Alexandria must report to the Circuit Court of Alexandria. 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. It is necessary to probate an estate when the decedent has solely held assets; that is, assets which do not have a joint or co-owner with rights of survivorship, a beneficiary (on the security or account, not in the Will) or a pay on death designee. Assets include real property and personal property. Personal property includes bank accounts, stocks and bonds, retirement accounts, life insurance policies and other types of securities as well as personal belongings and vehicles. Federal tax questions must be answered by the IRS.
Fiduciary Fees are based on the amount of the estate to be probated. Fees are calculated during the appointment and cannot be given over the telephone.