Henry County
Probate Court
In Virginia, estates are probated in the Circuit Court / Commissioner of Accounts. This page gathers where to file in Henry County, the state rules that apply, and where every detail comes from.
Where to file in Henry 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.
- Location
- Probate filings are made in the county seat, Martinsville. We have not found an open, verifiable address for the office yet — use the county website below.
- Phone
- No phone number published in an open source. Use the county website's contact page — we don't list numbers we can't source.
- Opening hours
- Not published in an open source. Check the court or county website before you go.
- County website
- co.henry.va.usWikidata
- State courts & e-filing
- vacourts.govCase search: Virginia Judiciary Online Case Information System (OCIS 2.0)
How probate runs in Henry County
Six stages, with the Virginia rules that set the pace.
- 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.
- 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.
- 03
Petition the court
File the petition with the Circuit Court / Commissioner of Accounts for Henry County. The court appoints the executor or administrator and issues letters.
- 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.
- 05
Notify creditors
Publish or send notice to creditors. Window: 6 months from qualification of personal representative for debts proceeding before Commissioner of Accounts.
- 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.
Where to get help.
We don't sell leads or take referral fees. Eligibility, availability and fees depend on the provider; confirm them directly.
- 01 Virginia courts — self-help & formsOfficial judiciary website: forms, filing rules and e-filing.
- 02 Legal aid directory — LawHelp.orgNonprofit directory of free and low-cost legal aid by state, including probate and estates.
- 03 Find a probate lawyer — American Bar AssociationState-by-state links to bar lawyer-referral services and pro bono programs.
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)