Arlington County Probate Court Records

Arlington County probate court records are kept by the Circuit Court Clerk in Arlington. The clerk's office handles wills, qualifications, and estate paperwork for one of the smallest but most populous counties in Virginia. You can search Arlington County probate court records in person, by phone, or by mail. The Probate Office helps walk in people start a new case file, get an executor named, and pull copies of older wills. Most of these probate court records are open to the public once a case is filed and indexed.

Arlington Circuit Court Clerk Office

The Arlington County Circuit Court Clerk handles all probate court records for the county. The address is 1425 N. Courthouse Road, Arlington, VA 22201. Phone: (703) 228-7010. The clerk takes wills for safekeeping before death, probates wills after death, and qualifies executors and administrators. The office also handles small estate affidavits and guardianship of minors. You can find more on the Arlington Circuit Court page.

Appointments are required for new probate filings in Arlington County. Call ahead and the clerk will help you set up a time. Walk in service is not the norm for new cases. Staff cannot give legal advice. They can answer general questions about forms, fees, and what to bring to your visit.

Arlington County is part of the 17th Judicial Circuit of Virginia. The Circuit Court has wide power over felony cases, civil disputes, family matters, and probate court records. The clerk uses the standard fiduciary forms set by the Supreme Court of Virginia.

You can find these forms at the Virginia Courts fiduciary forms page.

The Virginia Judicial System portal links Arlington users to statewide forms and self help pages. View the source at the Virginia probate forms page.

How to Search Arlington Probate Records

You can search Arlington County probate court records in person at the courthouse, by phone at (703) 228-7010, or by mail. Walking in is the most direct option if you live or work in northern Virginia. Bring a photo ID and the full name of the person who died. Plain copies cost less. Certified copies carry the seal of the court and are needed for things like real estate transfers and life insurance claims.

If you cannot visit, call the clerk to ask about a case. You may also send a written request with the name, year of death, and a check for copy fees. A self-addressed stamped envelope helps the clerk send your records back faster. Under Virginia Code Section 64.2-443, probate must take place in the city or county where the person lived at death.

For older Arlington County probate court records, check the Library of Virginia chancery records collection and the FamilySearch Virginia probate wiki. Both have indexes that point to will books and fiduciary records.

• Full name of the person who died
• Year of death
• Case number when known
• Type of record needed
• Photo ID for in-person visits

Probating a Will in Arlington County

To probate a will in Arlington County, the clerk needs the original will, a certified death certificate, a list of heirs at law, and the value of the estate. Bring all these to your appointment. Copies of wills cannot be probated under Virginia law. The list of heirs must include names, addresses, ages, and relationships.

You can fill out the Probate Information Form (CC-1650) ahead of time from the Virginia Judicial System self-help portal. Fees are due at the appointment. The clerk takes cash, check, money order, and most credit or debit cards. A valid photo ID is also required.

If the will is self-proving, the witnesses do not need to come with you. A self-proving will has a notarized statement from the witnesses signed when the will was made. If the will is not self-proving, the witnesses must testify in writing or in person to prove the signatures.

Arlington Commissioner of Accounts

After you qualify as executor or administrator in Arlington County, you work with the Commissioner of Accounts. You can find the office on the Arlington Commissioner of Accounts page. The Commissioner is a local lawyer named by the Circuit Court to review estate filings.

You file an inventory within four months of qualification. Yearly accountings come after that. Under Virginia Code Section 64.2-502, the inventory lists all the personal property the estate owns, real estate that the executor controls, and joint or pay on death accounts.

The Virginia Bar Association guide to estates walks through each step from first appointment to final distribution. The Virginia State Bar probate page explains the role of the Commissioner of Accounts in plain words.

Arlington Probate Tax and Fees

Virginia charges a state probate tax of 10 cents per $100 of estate value. Arlington County also charges a small local probate tax. Recording fees apply to wills and other documents the clerk files. Typical rates run $18 for the first 10 pages and $32 for 11 to 30 pages. Qualification fees go up with the size of the estate.

The Virginia Department of Taxation handles state tax filing rules for estates. You may also need to file federal estate tax forms with the IRS if the gross estate is over the federal limit. An Employer Identification Number is needed to open an estate bank account.

Under Virginia Code Section 64.2-528, the order of debt payment from an estate is set by law. Costs of administration are first. Funeral costs up to $4,000 are next. Federal debts and taxes follow.

Legal Help in Arlington County

The Arlington County Bar Association can help match you with a probate attorney. The Virginia State Bar runs a statewide referral line at 1-800-552-7977. Both can find a lawyer who works on wills, trusts, and estate cases in Arlington and nearby parts of northern Virginia.

For free or low cost help, see Legal Services of Northern Virginia, which serves Arlington County. Some heirs and small estates qualify for help with simple probate work. Under Virginia Code Section 64.2-200, the rules of intestate succession set who gets what when there is no will.

Cities Near Arlington County

Several Virginia independent cities sit next to Arlington County. Each has its own Circuit Court for probate filings.

Nearby Counties

These counties border Arlington County. Each has its own Circuit Court that keeps probate court records.