The Code of Virginia grants the Clerk of the Circuit Court the authority to Probate a Will, to appoint and qualify an Executor or Administrator for a Decedent’s Estate, to appoint and qualify a Testamentary Trustee, to qualify a Conservator and/or a Guardian for an Incapacitated Adult.

A person has no legal authority to act or perform any duties as an Executor, Administrator, Testamentary Trustee, Guardian or Conservator until he/she has been appointed by the Judge or the Clerk and until he/she has formally qualified before the Clerk as such. 

How To Probate a Will

  1. Complete the Probate Appointment Form found on the  Probate Appointment Form.
  2. Mail or Drop off the Probate Appointment Form with a copy of the Will and a copy of the Death Certificate to Powhatan Circuit Court - Probate Department.
  3. Once received and reviewed by a the Powhatan Circuit Court, you will receive a call to set up a appointment.
  4. At your appointment, please bring the original will and a original copy of the death certificate as well as payment for the probate fees that will be associated with putting the will to record.