John T. Frey,
Clerk of the Court
Important Notice: Due to social distancing protocols, effective April 29, 2020, the Probate Division of the Fairfax Circuit Court is closed to the public. All appointments for qualification of a personal representative are held remotely online. In order to hold your appointment remotely, personal representatives must have a computer, smartphone or tablet with a microphone and camera, along with internet access. Virtual appointments are hosted by Webex. After the appointment, certificates of qualification and other relevant documentation are mailed to the personal representative through the U.S. Post Office.
Not all appointments require the qualification of a personal representative. If this is the case, you may be able to mail the documents to our office for probating and recording. Please call the Probate Division to determine the best course of action for your set of circumstances. The phone number is 703-691-7320 (press 3, 5), TTY 711.
Please mail all filings (affidavits of notice, disclaimers, additional probate tax etc.) and all requests (additional certificates of qualification, copies etc.) to: Fairfax Circuit Court, 4110 Chain Bridge Road, Suite #401, Fairfax, VA 22030 Attn: Probate Division. Do not come to the Courthouse!
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.
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12000 Government Center Pkwy
Fairfax, VA 22035