Virginia has no separate probate court. The will should be probated in the Circuit Court of the city or county where the deceased resided. If the decedent had no known place of residence, the will should be probated where the decedent owned any real estate, or if none, where the decedent dies or has any estate.
Usually, the Clerk of the Circuit Court or a deputy clerk handles the probate of wills and the Circuit Court Judge is not involved. However, any person interested in the will may appeal to the Judge within six months of the Order of The Clerk admitting the will to probate.