CIRCUIT COURT
CLERK
Contact Us
7400 Justice Dr., Suite 327
Gloucester, VA 23061
Phone: 804-693-2502
Fax: 804-693-2186
Office Hours
Monday through Friday
8 a.m. to 4:30 p.m.
Receipting ends 4:15 p.m.
Record Room Hours
Monday through Friday
8 a.m. to 4:15 p.m.
Receipting ends 4 p.m.
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Cathy Dale
CIRCUIT COURT CLERK
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Services
The Clerk of the Circuit Court is a constitutional officer elected by the citizens of the locality to serve an eight-year term. He or she handles administrative matters for the court and maintains its records. The Clerk also has authority to probate wills, grant administration of estates and appoint guardians. The Clerk also maintains land records, and the Clerk’s office is where deeds, deeds of trust, and other related documents are recorded. Marriage licenses are also issued by the Clerk.
The Circuit Court is the only trial court of general jurisdiction in Virginia, having control over the following: appeals from administrative agencies, the General District Court or Juvenile & Domestic Relations District Court.
The Circuit Court has exclusive jurisdiction on all monetary claims over $25,000.
Civil cases of a domestic relations nature, including divorce and annulment matters. Matters involving child support, custody, and visitation may or may not originate in the circuit court, depending on various factors.
Criminal cases, which include all felonies or offenses that may be punished by serving time in the state penitentiary system; misdemeanor charges that are initiated by grand jury indictment or appealed from the General District or Juvenile & Domestic Relations District courts; and transfer or certification of felony offenses committed by a juvenile.
The Circuit Court also handles any matter in which jurisdiction is not defined in the Code of Virginia.
Transactions
All money transactions (paying for fines/costs, copies, marriage licenses, recordations, etc.) must be concluded by 4:15 p.m. each day. Please note that civil and recording fee calculations for the Circuit Court are accessible through the Supreme Court website.
Security
All persons entering the courthouse are required to pass through a metal detector and are subject to search of their person and belongings. All weapons are strictly prohibited in the courthouse. The courthouse is locked and secured at 4:30 p.m. Monday through Friday. All visitors must be out of the building prior to 4:30 p.m.
Civil Cases
Civil cases that arise from disputes between individuals, entities or groups are heard in the Circuit Court. Typical civil cases stem from breach of contract or tort issues where monetary damages are sought. Not all civil cases are associated with a breach of contract or tort having a monetary damage. Examples of these cases include:
Adoption
Annulment
Appointments of church trustees
Divorce
Encumbrance or conveyance of church property
Name changes
Partition of real estate
Will and estate matters
Appellate Court
The Circuit Court also serves as the appellate court in civil cases appealed from the General District Court and Juvenile & Domestic Relations District Court, typically child support, custody and visitation matters.
The Circuit Court has concurrent jurisdiction with the General District Court in civil cases where the monetary claim is at least $4,500 and not more that $25,000. Civil matters involving more that $25,000 are within the exclusive jurisdiction of the Circuit Court.
Domestic Relations
Civil cases relating to domestic relations such as divorce and annulment matters are heard exclusively in the Circuit Court. Domestic relations matters involving child support, custody and visitation may originate in the Juvenile & Domestic Relations District Court and not the Circuit Court, depending on the factors involved in the case.
Pleadings
When a civil case is filed in the Circuit Court, the complainant is responsible for making sure that all pleadings are prepared in accordance with the rules of the Supreme Court and the Code of Virginia. The Circuit Court does not provide pleading forms for use by parties in civil suits. It is therefore strongly recommended that pro se parties seek the services of an attorney when filing an action in the Circuit Court.
Please note that Clerk's office staff are strictly prohibited by law from providing legal advice.
Filing Fees
The Supreme Court of Virginia has a civil filing fee calculation system which can be accessed through their website. Please be aware that there are frequent changes to the civil filing fee schedule. If you have specific questions about the calculations or if the case type is not listed, please contact the civil division of this court for further information.
A cover sheet (PDF) for filing civil actions (form cc-1416) is required by this court.
Criminal Cases
Jurisdiction
The circuit court has appellate jurisdiction over all appeals from General District Court in criminal cases and from Juvenile & Domestic Relations District Court in matters originating from that court. Appeals from these district courts are heard de novo, that is, these cases are tried from the beginning as if there had been no previous trial. The Circuit Court also has appellate jurisdiction over certain administrative agency appeals.
Grand Juries
The Circuit Court has the authority to impanel regular and special grand juries. A regular grand jury is composed of five to seven citizens of the county or city where the Circuit Court is located. It is convened at each term for the purposes of considering indictments prepared by the Commonwealth’s Attorney and to investigate and report concerning any condition that involves or tends to promote criminal activity. The grand jury only hears the Commonwealth’s side of the case and does not determine guilt or innocence.
Special grand juries are composed of seven to eleven citizens and are summoned by the Circuit Court to investigate and report any condition that involves or may involve criminal activity in the community, by any governmental authority, agency, or official thereof.
Representation of Counsel
All parties in Circuit Court cases have the right to be represented by counsel. However, this right may be waived. Those who wish to hire their own attorney may do so. A list of local attorneys can be obtained by calling the Virginia State Bar Referral Service at 800-552-7977.
In all felony and misdemeanor cases that involve the possibility of a jail sentence, an indigent defendant may have a lawyer appointed by the court. If the defendant is indigent and found guilty, the amount of the counsel fee is charged to the defendant as part of the courts costs and a judgment is entered against him or her.
Procedure
In a criminal case that involves a felony, the accused is usually arrested and brought before a magistrate. The magistrate will normally do one of two things. He or she will either commit the accused to jail pending a hearing or release the accused on bail. A preliminary hearing is then held in the General District Court to determine if there is probable cause to determine that the accused committed the crime charged. If probable cause is found, the case is sent to the grand jury.
If the grand jury finds probable cause and returns an indictment, the accused is held for trial in the Circuit Court. Following the indictment the accused is arraigned on the charges and he or she enters a plea of guilty, not guilty, or no contest. In misdemeanor cases appealed from General District Court, the preliminary hearing, the grand jury indictment and arraignment are not necessary. Also, when the accused is initially charged by the grand jury, no preliminary hearing is required. After arrest, the accused is arraigned.
Term Days
Term begins at 9 a.m. on the first Monday in January, March, May, July, September and November of each year, except term days that fall on a federal holiday. If a term day falls on a holiday, then term day will be the first Tuesday of that month.
Criminal attorneys or pro se parties should contact the Commonwealth’s attorney to schedule your case for trial.
Case Information
Criminal case information can be obtained through the Virginia Judicial System website.
Deferred or Installment Payments Agreements
Pursuant to Virginia Code § 19.2-354 (PDF), the Court authorizes the Clerk of the Circuit Court of Gloucester County to establish and approve the conditions of all deferred or installment payment agreements.
Divorce Cases
Divorce is the dissolution of a marriage and can be a difficult and emotional experience, especially if children are involved. Dissolving a marriage often involves property rights and financial matters that can raise tough and serious legal issues. You are strongly encouraged to hire an attorney.
Eligibility
To obtain a no-fault divorce in Virginia, either you or your spouse must be a resident of Virginia for at least six months prior to filing for divorce. If there are no children from the marriage, you must be separated for a minimum of six months and have a written property settlement agreement before you may obtain a divorce. If there are children from the marriage, you must be separated a minimum of one year before you may obtain a divorce.
Divorce Case Process
The divorce case is filed in the Circuit Court of the city or county either where the parties last lived together or where the defendant lives at the time of the filing. In Virginia, you do not file a separation agreement as a separate document with the court. To initiate the divorce, a complaint, in proper form, is filed with the Circuit Court Clerk’s office along with the filing fee of $82. If you wish to have a defendant that is a resident of Virginia served by the Sheriff, please include a $12 service fee and two additional copies of the complaint for service. All fees are paid to the Clerk of the Circuit Court where you file.
If the wife wishes to resume her maiden name, there will be an additional fee due when the final decree of divorce is entered. This fee is $26.
Self-Representation
If you choose to represent yourself, you will be expected to follow the same procedures as an attorney. The Clerk’s office does not have standardized divorce forms, so please do not ask. Court staff are prohibited by state law from giving you legal advice or assistance as they are not attorneys.
Probate
Probate is the official proving of a will, as the valid and genuine last will and testament (original, not a photocopy) of a decedent by admitting the will to record in the Circuit Court Clerk's office where he or she resided at his or her death. If the decedent died in a nursing home, then that person's legal residence is presumed to be where he or she resided prior to becoming a resident at such institution. The term is also used to include the process of qualifying a person as an executor of a will or administrator where there is no will. If a decedent dies without a will, the court appoints an individual to receive all assets (solely in the name of the decedent), receive all claims, pay all creditors and then distribute the remaining assets to the beneficiaries in accordance with Virginia state law.
Requirements
It is necessary to probate the will when the decedent owns assets, whether personal or real estate, solely in his or her name (assets that do not have a joint owner with right of survivorship, beneficiary named, or payable upon death designee). Assets include personal property such as bank accounts, life insurance policies, savings bonds, stocks, retirement accounts, and other types of valuable items, including personal belongings and vehicles. There is no set time limit to which a will must be probated or estate administration must begin. It is recommended however that you begin the process within 30 days after the death of your loved one.
Where to Probate or Administer an Estate
Probate is handled through the Gloucester County Circuit Court by appointment only on Wednesdays, Thursdays and Fridays with one of the two probate clerks. Please call 804-693-2502 to schedule an appointment.
The Probate Clerks are:
Cathy Dale, Clerk - 804-693-3362
Michele Beck, Deputy Clerk - 804-693-1353
Fax: 804-693-2186
Probate by appointment only on Wednesdays, Thursdays or Fridays. For further information or to schedule an appointment, please contact Cathy or Michele directly.
Gloucester County Commissioner of Accounts
William H. Carmines
Available Days: Monday through Friday
Mailing Address:
P.O. Box 298
Gloucester, VA 23061Physical Address:
2614 George Washington Memorial Highway
Hayes, VA 23072Phone: 804-993-4848
Gloucester Probate Procedures
Obtain multiple certified copies of the death certificate. The funeral home will generally provide it to you within one or two weeks after your loved one's (decedent) funeral.
Obtain original Last Will & Testament of decedent, if one exists.
Determine the legal heirs at law as stated in Virginia Code Section 64.1-1 (Courses of Descents Generally) and then compile the names, address, and ages for each. Determine the assets of the estate and their value. These are assets in the name of decedent only. Assets with a beneficiary or payable upon death named or joint survivor are not included in the estate.
Determine probate/administration filing fees and taxes to be paid at the time of your appointment with the Probate Clerk. You will need to bring the appropriate funds with you to the probate appointment. These fees are as follows:
List of Heirs - $18
Probate Order - $18
Probate Will - $18
Qualification Fees - $20 to $30
Real Estate Affidavit and List of Heirs - $44
State Probate Tax - $1 per $1,000 value of the estate
Transfer Fee - $1
Call the Probate Clerk at 804-693-2502 and schedule the probate appointment. They will gather information from you to determine if a secured bond is required. You will need to have completed steps 1 through 5 prior to your appointment.
Appointment with Probate Clerk. Probate Clerk will probate the will, if there is one, and determine if the executor needs to qualify. If there is no will, the Probate Clerk will determine if a grant of administration is needed and for what purpose. If a grant of administration is needed, the personal representative must take an oath and give bond (secured or unsecured) before entering into his or her duties. The bond is a part of the qualification and is assurance that the personal representative shall faithfully discharge the duties of his or her office. After qualification, the Probate Clerk will issue a Letter or Certificate of Qualification, which will give the personal representative authority to take possession of the decedent's assets and administer his or her estate. Every personal representative, whether the decedent died with a will or not, must file a List of Heirs setting forth the legal heirs at law. Notice of Probate and/or Qualification is also required pursuant to Virginia Code § 64.1-122.2. The Probate Clerk will also furnish the personal representative with blank inventory and accounting forms that he or she will submit to the Commissioner of Accounts.
The personal representative must, within 30 days of qualification, give notice to all heirs-at-law of the decedent, whether or not there is a will; all living and identified beneficiaries under a will, including those who are descendants of a deceased beneficiary (unless a different intention appears in the will); and beneficiaries of any trust created by the will. After the personal representative gives his or her notice of probate as required by Virginia Code § 64.1-122.2, he or she must file with the Circuit Court Clerk's office along with filing fees of $16, within four months of qualification, an affidavit certifying that notice of probate and/or qualification was mailed or delivered to the listed persons.
Within four months of qualification, the personal representative must file an inventory with the Commissioner of Accounts for Gloucester County. The Probate Clerk will give you the inventory form and the contact information for the Commissioner at the probate appointment
Within 12 months after filing your inventory or 16 months after qualification, whichever occurs first, the personal representative is required to file an accounting of the estate records for the entire year following the inventory. In most cases, a first and final accounting is prepared and the personal representative can distribute the estate to the beneficiaries and close the estate out.
Probate Terms
View important probate terms:
Administrator: The person appointed by and qualified by the Probate Clerk to administer the decedent's estate when he or she died without a will.
Administrator CTA: A person, other than the executor named in the will, that is appointed to administer the decedent's estate. This person serves when all named executors are unable to serve due to incapacity, death, or refusal of their right to serve.
Beneficiary: The person or organization entitled to receive from the estate.
Bond: A written and signed promise to pay a certain sum of money on a certain date, or on fulfillment of a specified condition, to which the obligor officially recognizes an obligation to pay money in the event he or she does not properly perform his or her duties.
Certificate of Qualification: This certificate is the paper that the personal representative receives from the Probate Clerk at the time that he or she qualifies as executor or administrator of the decedent's estate and it states that the qualified representative has authority to act on behalf of the estate.
Certified Copy: A copy of a record or document signed and certified by the Clerk or Deputy Clerk of a court as a true copy of the record in that court that is the custodian of the original record or document.
Codicil: An addendum to a will that may modify, add to, alter, subtract from, restrain or revoke provisions in an existing will.
Commissioner of Accounts: An individual appointed by the Circuit Court to monitor the activities of personal representatives.
Creditor: An organization or person who owes the decedent money.
Decedent: The deceased person.
Estate: All property belonging to the decedent at the time of his or her death, including real estate, tangible and intangible personal property, and all other assets owned by or in his or her control.
Executor: The individual named in the decedent's will to administer the estate. The executor must appear before the Clerk and qualify to validate his or her appointment.
Fiduciary: A term used to refer to an executor, administrator or trustee. This is a person in a position of trust for another's property.
Heirs at Law: Individual(s) who would inherit the decedent's estate if he or she died without a will.
Holographic Will: A will written wholly by the testator in his own handwriting and not witnessed.
Intestate Estate: An estate that is administered without a will.
Inventory: A list detailing the schedule of property in an estate, describing the specific article and its value.
Personal Representative: A term used for either the administrator or executor of the decedent's estate.
Probate: The procedure that admits a will to record in the Clerk's office. Also, used to include the entire process of administering an estate including qualification.
Qualification: The procedure where the Clerk appoints a person to serve as executor or administrator of a decedent's estate.
Self-Proved Will: A will that includes a notarized affidavit of the testator and attesting witnesses, who all signed in the presence of each other.
Testator: One who dies leaving a will.
Testate Estate: An estate to be administered pursuant to a will.
Will: A written document that gives instruction on how a decedent wants his or her property disposed of after his or her death.