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Docket No. 51059 · Virginia

Fairfax County
Probate Court

In Virginia, estates are probated in the Circuit Court / Commissioner of Accounts. This page gathers where to file in Fairfax County, the state rules that apply, and where every detail comes from.

Call (703) 246-4153 Court website ↗ Directions ↗
County seat
Fairfax
Population
1,141,878
Court
Circuit Court / Commissioner of Accounts
Record
Office checked
VA · 5105938°50′ N · 77°16′ W
● Fairfax County Government Center
located via OpenStreetMap
Small-estate limit
$75,000
Wait 60 days after death
Creditor window
6 months
Va. Code Ann. § 64.2-550
Executor fee
Reasonable
Reasonable fee set by the court
Death taxes
None
No state death tax
§ I

Where to file in Fairfax County

Handled by
Circuit Court / Commissioner of AccountsIn Virginia, probate is handled by the Clerk of the Circuit Court in each county and city. Personal representatives are supervised by court-appointed Commissioners of Accounts who audit inventories and accountings.
Probate office
Fairfax County Circuit Court - Probate Unit 4110 Chain Bridge Rd, Suite 401, Fairfax, VA 22030 (703) 246-4153 Checked on the court's website, Sept 2026 · fairfaxcounty.gov
County building
Fairfax County Government Center 12000 Government Center Parkway, Fairfax, VA 22035 OpenStreetMap · view the map entry
Phone
(703) 246-4153court website
Opening hours
Not published in an open source. Check the court or county website before you go.
County website
fairfaxcounty.govcounty website
Court website
fairfaxcounty.gov/circuit/probate
State courts & e-filing
vacourts.govCase search: Virginia Judiciary Online Case Information System (OCIS 2.0)
§ II

How probate runs in Fairfax County

Six stages, with the Virginia rules that set the pace.

  1. 01

    Secure the original will

    Find the original signed will and order certified death certificates. Virginia deadline: Must be offered for probate promptly; generally within 1 year.

  2. 02

    Pick the right track

    If the probate estate is under $75,000, a small-estate procedure (Va. Code Ann. § 64.2-601) may avoid full administration.

  3. 03

    Petition the court

    File the petition with the Circuit Court / Commissioner of Accounts for Fairfax County. The court appoints the executor or administrator and issues letters.

  4. 04

    Inventory the estate

    Open an estate bank account (the IRS issues the EIN), list assets at date-of-death values and file the inventory if the court requires it.

  5. 05

    Notify creditors

    Publish or send notice to creditors. Window: 6 months from qualification of personal representative for debts proceeding before Commissioner of Accounts.

  6. 06

    Account and distribute

    Pay debts, taxes and fees (Va. Code Ann. § 64.2-1208 & Judicial Council Guidelines), file the final account if required, distribute to heirs and ask to close the estate.

Need help with an estate in Fairfax County, Virginia?

Where to get help.

We don't sell leads or take referral fees. Eligibility, availability and fees depend on the provider; confirm them directly.

  1. 01 Virginia courts — self-help & formsOfficial judiciary website: forms, filing rules and e-filing.
  2. 02 Legal aid directory — LawHelp.orgNonprofit directory of free and low-cost legal aid by state, including probate and estates.
  3. 03 Find a probate lawyer — American Bar AssociationState-by-state links to bar lawyer-referral services and pro bono programs.
§ III

Virginia rules that apply here

Probate law is state law — these apply in all 133 Virginia counties.

Small estates
$75,000 entire personal probate estate (personal property only; real property not included)Va. Code Ann. § 64.2-601 · wait 60 days
Filing the will
Must be offered for probate promptly; generally within 1 year
Creditor claims
6 months from qualification of personal representative for debts proceeding before Commissioner of AccountsVa. Code Ann. § 64.2-550
Executor fees
Reasonable compensation under Guidelines for Fiduciary Compensation; typically 5% of receipts on personal property, 5% of income, and 1% on real property soldVa. Code Ann. § 64.2-1208 & Judicial Council Guidelines · estimate the fee
Handwritten wills
Recognized. Virginia recognizes holographic wills if wholly in the handwriting of the testator and signed, proved by two disinterested witnesses (Va. Code § 64.2-403).
Estate tax
No state estate tax.Virginia repealed its state estate tax effective July 1, 2007.
Inheritance tax
No.No inheritance tax in Virginia.
Typical duration
6 to 15 monthsA lawyer is not required by statute, though most formal estates use one.

Rules re-checked Sept 2026 against: law.lis.virginia.gov (statute)

§ IV

Neighbouring probate courts

FairfaxFairfax cityFalls Church cityArlingtonManassas Park cityAlexandria city
Related officeFairfax County Clerk & RecorderDeath certificates, recorded deeds and marriage records for the estate file.uscountyclerks.com ↗ Related officeFairfax County Property AppraiserAssessed values and parcel records for the estate inventory.uspropertyappraisers.com ↗
§ V

Questions about Fairfax County probate

Where is the Fairfax County Probate Court located?
Probate matters in Fairfax County are handled by the Fairfax County Circuit Court - Probate Unit, 4110 Chain Bridge Rd, Suite 401, Fairfax, VA 22030 (phone (703) 246-4153). These details were checked on the court's own website in September 2026; confirm hours before visiting.
What is the small estate affidavit limit in Fairfax County, VA?
Small-estate rules are set by state law, so they are the same in every Virginia county: $75,000 entire personal probate estate (personal property only; real property not included) (Va. Code Ann. § 64.2-601). The waiting period is 60 days.
How do I search probate case records in Fairfax County?
Start with the Virginia judiciary website (vacourts.gov), which points to Virginia Judiciary Online Case Information System (OCIS 2.0). Older files and certified copies are requested from the probate clerk in Fairfax.
What are the deadlines for filing a will and creditor claims in Fairfax County?
Will: Must be offered for probate promptly; generally within 1 year. Creditors: 6 months from qualification of personal representative for debts proceeding before Commissioner of Accounts (Va. Code Ann. § 64.2-550).
How much can an executor charge in Fairfax County?
Virginia rule: Reasonable compensation under Guidelines for Fiduciary Compensation; typically 5% of receipts on personal property, 5% of income, and 1% on real property sold (Va. Code Ann. § 64.2-1208 & Judicial Council Guidelines). You can estimate the amount with our executor fee calculator.