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Please note: Due to the complexity and time involved in a formal application, appointments are required. To schedule a probate appointment, please call or e-mail:
Bill Loy, Probate Manager, 703-777-0272 or William.Loy@loudoun.gov
Michele Timmons, Probate Clerk, 703-737-8795 or Michele.Timmons@loudoun.gov
Key Probate Terms
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Administrator: Title for a person appointed and formally qualified by the Clerk of the Court to administer the estate where there is no Will (Note: Qualifying as an administrator does not automatically make one a beneficiary to the decedent's estate. The beneficiaries in an intestate estate are the legal heirs at law. Heirs at law are set forth by statute, Virginia Code §64.1-1).
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Administrator C.T.A.: Title for a person appointed and formally qualified to administer an estate when the named Executor in the Will does not qualify to act as such
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Certificate of Qualification: The official Court document that you receive after you have formally qualified before the Clerk which grants you legal authority to administer the estate.
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Decedent: Person who has died
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Executor: Title for a person named in a Will to administer the estate. In order to legally act as Executor, the nominated person must formally qualify before the Clerk of Court.
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Intestate: Decedent died without a Will
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Qualification: The process before the Probate Clerk where someone is granted the legal authority to administer the estate
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Testate: Decedent died with a Will
Frequently Asked Probate Questions
What is the definition of Probate?
Probate is the procedure where a Will is admitted to record in the Probate Department of the Clerk’s Office of the Circuit Court and/or Probate is the process of appointing and qualifying a person as Executor or Administrator of an estate. Probate can also be defined as the entire process of administering an estate. There are two types of Probate.
What are the two types of Probate for a decedent's estate?
Probate with qualification: The procedure when an individual is formally qualified as an Executor or an Administrator in order to have the legal authority to administer a decedent’s estate.
Probate without qualification: When a Will (if testate estate) or a list of heirs (if intestate estate) is admitted to record, with NO formal qualification of an Executor or Administrator.
How do I determine which Clerk's Office to contact for Probate?
Primarily, probate should be held in the jurisdiction in which the decedent last resided. However, Probate may be done where the decedent owned real estate, or where he/she died, or where he/she owned any estate. You may contact the Probate Clerk to help you determine what jurisdiction Probate needs to be conducted in.
Why do I have to probate a decedent's estate?
To obtain the legal authority to administer the estate if the decedent had either (or both) of the following:
Also, probate may be necessary in order to file a wrongful death suit or to continue a pending suit.
What if the decedent's only asset was a motor vehicle?
Probate may not be necessary in this case. Please contact the Department of Motor Vehicles (DMV) at 800-435-5137 or your local DMV for further instructions.
Does the Clerk’s Office hold wills for safekeeping?
No. The Clerk's Office does not hold wills for safekeeping. If the will was filed in the Loudoun County Courthouse prior to October 1997, and it has not been removed, then it is still being held for safekeeping in the Probate Office.
How do I obtain my will that has been held for safekeeping?
- If you are the owner of a will that was secured in the Loudoun County Courthouse, you may retrieve your will provided that you have proper identification. You must contact a probate clerk to be sure they are available to retrieve your will.
- If you are not the owner of a will that was secured in the Loudoun County Courthouse, (i.e. if you are retrieving the will for a parent/sibling/spouse who is unable to appear in person), you must bring your identification, as well as a notarized statement requesting that you, specifically, have their permission to retrieve their will, along with a copy of their ID. You must contact a probate clerk to be sure they are available to retrieve the will.
How do I obtain a will that has been secured in Loudoun County Courthouse for someone who is now deceased?
- You must provide the Probate Clerk with a death certificate.
- You must also provide proper identification.
- The Probate Clerk will review the secured will to determine who the nominated Executor is. If your identification matches the nominated Executor named in the will, the secured will may be released into your possession.
- You must contact a probate clerk to be sure they are available to retrieve the will.
Please note: Once a will is removed from safekeeping by a Probate Clerk, it will not be accepted again for safekeeping.
Does Virginia have a procedure for probate for a small estate?
If an estate consists of personal assets not totaling more than $15,000, and 60 days have passed since the date of death and no Personal Representative has qualified in any jurisdiction, a Small Estate Affidavit may be issued to the heirs at law when there is no Will, or to the beneficiaries of a Will once the Will and/or the List of Heirs at Law have been recorded. An appointment with the probate department is necessary for this procedure. A certified copy of the death certificate is also required.
Where may a copy of a death certificate be obtained in Virginia?
When a death occurs in Loudoun, death certificates may be obtained from:
Loudoun County Health Department
1 Harrison Street, S.E. 2nd Floor
Leesburg, VA 20175
703-777-0234
Depending on the date of death, death certificates may also be obtained from the Bureau of Vital Statistics in Richmond, Virginia. Call 804-662-6200 for complete instructions. The Clerk's office is prohibited by law from making certified copies of death certificates.
Whom do I contact about estate taxes?
Contact the Virginia Department of Taxation, 804-367-8031. For federal estate tax questions contact the Internal Revenue Service, 1-800-829-3676 or 1-866-816-2065.
How can I obtain a Tax ID Number?
Contact the IRS by using the information form for Tax Identification Numbers which is available on our forms page.
How do I file a claim against an estate?
Claims can be filed at the Commissioner of Accounts Office. Be sure to include the appropriate fee when filing your claim. A claim form may be found on our forms page.
Mail the completed Claim Form to the:
Commissioner of Accounts Office
4 Cornwall Street, N.E.
Leesburg, VA 20176
If you have questions about how to file your claim, please call 703-777-5300.
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