Jurisdiction for probate is based upon the decedent's county of residence at the time of death. This information can be found on the death certificate.
The Clerk’s Office cannot record photocopies of wills. You must present the original document for recordation or qualification.
Probate is done by appointment only. To ensure fairness, probate applications are reviewed and scheduled in the order that they are received.
A Probate Application (PDF) must be completed and submitted to our office along with the death certificate and the will (if there is one).
Applications can be submitted by email, mail or in person.
If a deceased person owned real estate in Spotsylvania County, but was not a resident, please contact the Clerk's Office at 540-507-7603 or 540-507-7620 for more information.
Types of Estates:
Estates with a Will (Testate) - Estates where the Decedent left a will
Estates without a Will (Intestate) - Estates where the Decedent did not leave a will
Small Estates - Personal Estates not including Real Estate, valued at less than $50,000