Probate at the Augusta County Circuit Court: A Local Guide

If you are settling an estate in Augusta County, start with two facts that trip up nearly everyone. First, the courthouse moved: the Augusta County courts opened at their new Verona location in June 2026, so the downtown Staunton address you will find in older articles and search results is no longer where you go. Second, and more important, your loved one may not have been an Augusta County resident at all in the eyes of the law, even if their mailing address said Staunton or Waynesboro. Virginia’s cities are independent of the counties around them, and that decides which courthouse handles the estate.

Here is what to know before you make the drive.

Which courthouse? This is the question to get right first

Augusta County, the City of Staunton, and the City of Waynesboro are three separate localities with separate circuit-court clerk’s offices. A will is ordinarily offered where the decedent had a known place of residence under Virginia Code § 64.2-443(A).

A mailing address is not conclusive. Check which locality assessed the real estate and, if needed, confirm the address with the clerk before scheduling.

The nursing-home residence rule

When a person became a patient in a nursing home or similar institution because of age or impaired health, § 64.2-443(B) creates a rebuttable presumption that the person retained the residence held immediately before entering. A longtime Staunton resident who later entered a Fishersville facility may therefore remain a Staunton decedent for venue purposes. Because the presumption can be rebutted, confirm unusual facts with the appropriate clerk.

Where to go and how to make the appointment

Local information checked September 1, 2026. Reconfirm shortly before the November 10 publication date.

The Augusta County clerk’s probate page confirms the appointment requirement, original-will instructions, current address, hours, and probate number. The court operations opened at the Verona courthouse on June 15, 2026.

What to bring

• The original will, if there is one. A photocopy or lost-will problem is a different court matter, not a routine clerk appointment.
• A certified death certificate.
• The clerk’s probate worksheet. Ask for the current version when scheduling.
• A careful estimate of the probate-tax base. Include Virginia real and personal property passing by will or intestacy; Virginia realty can be included even when the personal representative will not control it. Exclude out-of-state realty.

If a will names an executor, that person generally attends to qualify. If there is no will, do not overstate the need for unanimous family agreement. During the first 30 days, an applicant generally needs waivers from the other competent distributees unless the applicant is the sole distributee. After 30 days, a distributee may seek qualification subject to the notice and priority rules; after 60 days, additional applicants can become eligible. Section 64.2-502 and the court’s discretion control competing applications.

What it costs

For an estate whose statutory tax base exceeds $15,000, the Virginia probate tax is 10 cents per $100 under § 58.1-1712. Augusta County Code § 22-41 adopts a local tax equal to one-third of the state amount. The combined Augusta County rate is therefore 13⅓ cents per $100, or about $1.33 per $1,000. If the base exceeds $15,000, the tax applies to the full base, not only the amount above $15,000.

The base is defined by § 58.1-1713: Virginia real and personal property passing by will or intestacy, including Virginia realty that may not be under the personal representative’s control, while out-of-state realty is excluded. Recording costs and Commissioner of Accounts fees are separate. Our Virginia probate-cost guide explains those categories.

After qualification: the Commissioner of Accounts

The clerk’s office handles probate and qualification. Inventories and accountings ordinarily go to the locality’s Commissioner of Accounts, an attorney appointed under § 64.2-1200 to supervise fiduciary accounts.

On the Office of the Executive Secretary roster checked September 1, 2026, the listed commissioners were Alan F. Garrison for Augusta County, Angela V. Whitesell for Staunton, and Franchesca Gomez for Waynesboro. Confirm the current commissioner with the clerk when qualifying. The circuit court prescribes the fee schedule; a commissioner may charge less or waive a fee as permitted by § 64.2-1200(C).

Virginia has no separate specialized probate court. The circuit court has probate jurisdiction. A clerk or deputy commonly handles uncontested probate and qualification; a circuit judge handles contests, review, and other judicial matters. Our guide to Virginia’s executor deadlines explains what follows qualification.

Do you even need to qualify?

Not always. Check the asset path before scheduling.

• Small estate. Under § 64.2-601, the entire personal probate estate, wherever located, must not exceed $75,000; at least 60 days must have passed; no personal representative may be pending or appointed; any will must have been probated; and all known successors must join the affidavit. See our small-estate affidavit guide.
• No probate assets. Beneficiary-designation, survivorship, and properly funded trust assets may leave nothing for a personal representative. A list of heirs is required when a representative qualifies or a will is probated without qualification. In an intestate estate with no qualification, an heir may file one after 30 days; it is not an automatic requirement in every no-probate estate. See § 64.2-509.
• Real estate only. Title generally passes at death under the will or intestacy, but liens, estate administration, sale authority, and land-record evidence can still require work.

A short review before the appointment can prevent the wrong person, wrong locality, or wrong procedure from wasting a trip.

What happens next

Once you qualify, the statewide clock starts: notice to the heirs and beneficiaries, an inventory to the Commissioner of Accounts, and accountings after that. We walk through the whole sequence in what to do when someone dies in Virginia and in our guide to qualifying as executor or administrator, and our guide to how long probate takes sets expectations on timing.

How Prior Law can help

We are in these courthouses, and we know how the Valley’s three separate clerk’s offices actually operate. We help families decide whether qualification is even necessary, handle the qualification itself, and carry the Commissioner of Accounts filings through to closing so nothing lands late. We meet by phone or video call, or at home within our concierge service area. If you have just been handed an original will and are not sure what to do with it, schedule a consultation and bring it with you.

Frequently asked questions