Probate & Estate Administration


  • 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

Helpful Links: 

A Guide to the Administration of Decedent's Estates in Virginia

Probate in Virginia