PROBATE DIVISION

WHAT IS PROBATE?

Probate is the legal process of handling a decedent's estate. It may include probating a will, if there is one, and the appointment of someone as executor or administrator to handle the estate.

  • Probate must take place in the county or city where the decedent last resided.

  • If the decedent was in a nursing home, probate will usually take place where they resided prior to entering the nursing home.

  • Shenandoah County Circuit Court jurisdiction would include anyone residing in Shenandoah County.

  • Probate is not mandatory. The estate may not need to be probated if the decedent:

  • Held their entire assets jointly with survivorship with someone else

  • Held everything in a living trust

  • Probate assets would only include things held solely in the decedent's name alone with no beneficiary listed.

HOW TO SCHEDULE AN APPOINTMENT FOR PROBATE

Deputy Clerk  specializes in the probate process and is prepared to set up an appointment with you once you have gathered the necessary information. Due to the time involved in preparing the paperwork for probating a will and/or appointing an executor or administrator, appointments are required.

HELPFUL GUIDE

For more information, view A Guide to the Administration of Decedent’ Estates in Virginias created by The Virginia Bar Association that answers many commonly asked questions about estates from the funeral to qualifying as a personal representative of the estate.

PHYSICAL & MAILING ADDRESS

Shenandoah County Circuit Court
Attn: Probate P.O. Box 406
112 South Main Street
Woodstock, VA 22664-1423

OFFICE HOURS

Monday - Friday
9:00 AM - 5:00 PM

HOW TO SCHEDULE AN APPOINTMENT FOR PROBATE

Deputy Clerk specializes in the probate process and is prepared to set up an appointment with you once you have gathered the necessary information. Please use the provided guides to help you gather the needed information. Our office is here to assist you in any way possible however, we cannot provide you with legal or accounting advice that you may need in settling an individual estate.

If there is a will, the executor(s) named in the will need to be the person(s) calling to make the appointment and providing us with all the information needed. If the decedent did not have a will, all the heirs (next of kin) should try to decide together who should be the administrator(s). If you are not sure who should be considered an heir or the heirs cannot come to a decision on who should qualify, please contact our office for guidance. Before calling for an appointment, please have as much information as possible ready to help expedite the probate process. Please use the checklist below to help ensure that you will have everything you need to make the probate process as simple as possible. 

CHECKLIST BEFORE CALLING FOR AN APPOINTMENT:

  • You are named as an executor in the will or there is not a will and you want to qualify as administrator of the estate.

  • The is complete so you can relay the info to the Probate Clerk over the phone when calling. 

  • Have an estimated value of the estate; both personal property and real estate. You can use the to help you determine an estimated value. 

After you have all the needed information, please to set up an appointment.

Forms not found on this page may be available here.

FORMS FOR AFTER QUALIFICATION