Virginia Probate Forms: The Complete List for Estate Administration

One of the most disorienting parts of settling an estate in Virginia is figuring out which forms you need, when each one is due, and which office receives it. Forms come from different agencies — the Virginia Supreme Court, the DMV, the Department of Health — and they are filed at different points in the process, sometimes months apart.

This is the complete reference list, organized by when each form enters the timeline.

At the Time of Death (Before Qualification)

Form CC-1650 — Probate Information Form

This is the core intake document filed at the opening of probate. It identifies the decedent, the date of death, the fiduciary seeking to qualify, and basic estate details. The Circuit Court Clerk uses this to set up the estate file. You complete it at your qualification appointment.

Source: Virginia Supreme Court / Circuit Court; available at selfhelp.vacourts.gov under Probate Forms.

Form CC-1651 — Probate Tax Return

Filed at qualification to calculate the state and local probate taxes owed. It uses the gross value of the probate estate — all real and personal property passing by will or intestacy — to compute the tax at $0.10 per $100 of value (plus up to one-third more if your locality has adopted the local surcharge). Payment is due at the qualification appointment.

Source: vacourts.gov/forms/circuit/cc1651.pdf

At Qualification — Mandatory With the Clerk

Form CC-1611 — List of Heirs

This is one of the most important and most misunderstood forms in Virginia estate law. It is filed under oath and identifies every person who would inherit under Virginia's intestacy laws — meaning the people who would inherit if no will existed — regardless of what the will actually says.

Filing CC-1611 is not optional. By statute, an executor cannot receive any compensation for their fiduciary services until this form is officially recorded with the Circuit Court Clerk. It also triggers the 30-day notice deadline: within 30 days of qualification, the executor must send written notice of their appointment to every heir listed on CC-1611 and every beneficiary named in the will.

Source: vacourts.gov/forms/circuit/cc1611.pdf

Certificate of Qualification

This is not a form you fill out — it is a document the Clerk issues to you after you are sworn in. It functions as proof of your legal authority to act on behalf of the estate, similar to what other states call "letters testamentary" or "letters of administration." Banks, brokerage firms, the DMV, and other institutions require it before releasing or transferring any estate assets.

The Clerk typically issues two certificates at qualification. Additional copies require a per-page fee. Request more than you think you need — you will use them faster than expected.

Within Four Months of Qualification

Form CC-1670 — Inventory for Decedent's Estate

This is the most consequential form in the estate administration process. Filed with the Commissioner of Accounts (not with the Circuit Court Clerk — a common mistake), it must be submitted within four months of the date of qualification.

The inventory lists every probate asset at fair market value as of the date of death. It includes:

• Personal property (cash, bank accounts, brokerage accounts, vehicles, household contents)
• Real estate over which the executor has explicit power of sale
• The decedent's fractional interest in survivorship accounts (disclosed separately)

The inventory explicitly excludes real estate held in joint tenancy with survivorship rights, real estate held in a living trust, and property with a transfer-on-death deed — these assets bypass probate entirely.

Local Commissioner of Accounts offices have specific formatting requirements for CC-1670. The Henrico County Commissioner's office, for example, requires 10-12 point font and one-inch margins on all sides for digital scanning. Submissions that do not meet these standards are rejected and returned. Confirm your local Commissioner's requirements before submitting.

Source: vacourts.gov/forms/circuit/cc1670inst.pdf

Deadline: 4 months after qualification. Late filing triggers a $30 delinquency fee charged personally to the executor.

For Real Estate Transfers (No Formal Probate Required)

Form CC-1612 — Real Estate Affidavit (Affidavit Relating to Real Estate of Intestate Decedent)

Under Virginia's "drop like a stone" doctrine, real estate vests immediately in the heirs at law the moment the decedent dies. But the public land records still show the deceased person as the owner. To bridge that gap in the chain of title, the heirs record this affidavit with the Circuit Court Clerk.

CC-1612 must include a legal description of the real estate, confirmation that the decedent died intestate (or that the property passed by intestacy), and the names and last known addresses of all heirs at law. Once recorded, the Clerk transmits an abstract to the local commissioner of the revenue to update the real estate tax records.

Even when no full probate is opened, recording this affidavit (along with CC-1611) triggers a flat $25 fee rather than the full probate tax.

Source: vacourts.gov/static/forms/circuit/cc1612.pdf

For Vehicle Transfers Without a Qualified Executor

Form VSA 24 — Authority to Transfer Virginia Title

Issued by the Virginia Department of Motor Vehicles, this form allows an heir to claim a vehicle when no executor will be formally appointed by the court. The heir certifies that all of the decedent's debts have been paid, or that sale proceeds will be applied toward those debts.

Critical restrictions: VSA 24 cannot be used if the vehicle is titled out of state, and it cannot be used if a formal court qualification is anticipated. If an executor will eventually be appointed, that executor must handle the vehicle transfer instead.

Vehicles transferred by VSA 24 to an heir are exempt from Virginia Sales and Use Tax.

Source: dmv.virginia.gov/sites/default/files/forms/vsa24.pdf

For Spouses Claiming Elective Share

There is no single standard form for the elective share election — this is filed as a recorded writing in the Circuit Court Clerk's office. The surviving spouse must file this election within six months of the will being admitted to probate or the qualification of an administrator on an intestate estate. A separate complaint to determine the exact elective share amount must then be filed within six months of that initial election.

Forms Reference Table

Each of these forms has specific Virginia requirements that general estate planning resources get wrong. The Virginia Estate Settlement Guide includes a pre-formatted inventory framework, a step-by-step checklist for the CC-1611 and CC-1612, and a plain-English walkthrough of the Commissioner of Accounts submission process — designed so your paperwork doesn't come back rejected.

See more Virginia guides →