When a parent or relative passes away and leaves a house, the questions I hear from families aren’t really about real estate at first. They’re about where to go and what to bring. Which courthouse do I go to? Do I need an appointment? Do I have to go through probate just for the house? Can we sell it right away? The answers depend partly on where your loved one lived, because Chesterfield, Henrico and the City of Richmond each run their own Circuit Court Clerk’s office. Here’s a side-by-side guide using what each office publishes, plus the Virginia rules that apply everywhere. I’m a home buyer, not an attorney, so please confirm your situation with the clerk or a Virginia lawyer.
Step one: figure out which courthouse
Probate goes through the Circuit Court Clerk in the city or county where the person lived when they died. That isn’t necessarily where the house is. Chesterfield and Henrico both point out a detail that trips families up: a nursing home doesn’t count as a residence. If your mom was in a nursing home, use where she lived before she went in (Henrico County). Chesterfield adds that an assisted living facility does count as a residence (Chesterfield County).
The three offices, side by side
Chesterfield County
- Where: Circuit Court Clerk’s Office, 9500 Courthouse Road, Chesterfield, VA 23832.
- How to start: By appointment only. Send your information to the Probate Division first (cccprobate@chesterfield.gov). That includes a copy of the death certificate, a copy of the will if there is one, the names and addresses of the heirs, and estimated asset values. They won’t schedule you until they’ve reviewed it. For questions, call 804-706-7680.
- Good to know: Qualifying as executor or administrator has to be done in person. If the house is the only thing that needs handling, the county describes two shorter routes. You can probate the will without qualifying as executor, or, if there’s no will, record a real estate affidavit or list of heirs.
- Fees the county lists: state probate tax of $1 per $1,000 of probate assets, $44 to record a real estate affidavit, and $44 to record a list of heirs without a will, plus small clerk’s fees (source).
Henrico County
- Where: Henrico County Courts Building, 2nd floor, Room 240, 4309 E. Parham Road, Henrico, VA 23228. General line (804) 501-4202.
- How to start: Schedule ahead with the Probate Request Form. The county says appointments usually take about an hour, so allow an extra 10 minutes for parking and security.
- What to bring: A certified death certificate, photo ID, the original will and codicils if there are any, approximate values of solely owned assets and Virginia real estate, the names, addresses and ages of the heirs, and payment. If a bond needs surety, you’ll need to arrange a bondsman ahead of time.
- Fees the county lists: roughly $40 to $60 with a will, $30 to $50 without, plus the $1 per $1,000 state probate tax (source).
City of Richmond
- Where: Clerk of the Richmond Circuit Court, John Marshall Courts Building, 400 North 9th Street, Richmond, VA 23219.
- How to start: Call the probate line at (804) 646-6540 to schedule. If there’s a will, the city asks that you have it in hand when you call. The clerk will tell you what to bring and what the fees are (source).
Do you need full probate just to sell the house?
Not always. In Virginia, a house passes to the heirs or the people named in the will when the owner dies. The paperwork is about proving who those people are on the public record. If there’s no will, Virginia law lets heirs record an affidavit with the circuit court clerk describing the property and listing the heirs (Va. Code § 64.2-510). If there is a will, it gets probated and acts like a link in the chain of title.
Whether that’s enough for a sale depends on the title company and the details, such as whether there’s a mortgage, how many heirs there are, and what the will says. Ask the title company early, before you sign a contract with anybody.
The one-year rule that catches people
This one surprises a lot of families. Under Virginia law, if an heir sells inherited real estate within one year after the death, that sale isn’t valid against the deceased person’s creditors, with some exceptions. An heir who sells can be held liable to those creditors for the value of the house (Va. Code § 64.2-534). There are ways a sale inside that first year can still work, but this is exactly the kind of thing to raise with a Virginia attorney and the settlement agent before you accept an offer.
If there’s still a mortgage on the house
The loan doesn’t go away when the owner dies. Call the servicer, tell them about the death, and ask what they need to recognize you. Keep the payments up if you can while you decide what to do. If the loan falls behind, Virginia’s foreclosure notice rules include mailing notice to the personal representative and to heirs listed in the circuit court records (Va. Code § 55.1-321). That’s one more reason to get the paperwork recorded.
Where I come in
Some families want to keep the house, and that’s great. Others are dealing with a house full of belongings, repairs nobody has time for, or siblings in three different states. When I buy an inherited house, I buy it as-is. Leave what you don’t want, and I pay the closing costs. I’ll give you an offer within 24 hours, and we can set the closing date around the estate paperwork instead of rushing it. You can see how that worked for one family in our Hopewell probate case study, or read about selling a parent’s house after a move to assisted living. Here’s how our process works.
We buy in Chesterfield, Henrico, Richmond and the surrounding counties. When you’re ready, request a free cash offer or Call (804) 293-0208. We reply within 3 hours.
Frequently asked questions
Which court handles probate if Mom lived in Henrico but the house is in Chesterfield?
Probate generally goes through the Circuit Court Clerk where she lived when she died, so Henrico in that case. Ask the Henrico clerk what to record in Chesterfield for the house.
Can I bypass probate in Virginia?
Sometimes. Virginia’s small estate process covers estates under $75,000, but real estate isn’t included in that figure, so it usually doesn’t take care of a house (Chesterfield County). For a house with no will, heirs often record a real estate affidavit or list of heirs instead.
How much does probate cost in Chesterfield, Henrico or Richmond?
The state probate tax is $1 per $1,000 of probate assets, plus clerk and recording fees. Chesterfield and Henrico publish their fees on their websites. Richmond’s clerk confirms fees when you call (804) 646-6540.
Can we sell the house before the one-year mark?
You can sign a contract, but a sale within one year of the death can be exposed to the deceased’s creditors unless an exception applies (Va. Code § 64.2-534). Check with an attorney and your title company first.
Do all the heirs have to agree to sell?
Generally, everyone on title has to sign. If heirs can’t agree, Virginia has a court process called partition (Va. Code § 8.01-81 and following), and that’s a conversation for an attorney.
This article is general information, not legal advice. Fees and procedures are as published by each locality on November 3, 2026. Confirm with the clerk before you go.