FAQs

There are several reasons why a will should be probated (or recorded). The three basic reasons are:

• There may be assets that need to be administered by a personal representative (i.e., assets in the decedent's name alone, not held jointly with a right of survivorship);
• The decedent may have owned real estate in Fluvanna or elsewhere, either alone or jointly with someone.**
• The will, once probated, would become a matter of public record, thereby serving as a formal genealogical link to the decedent's family.

**If the decedent died without a will and held only real estate at the time of his/her death, the real estate passes to the heirs at law in accordance with the laws of intestate distribution.  Although qualification is not necessary under these circumstances, it is necessary to file a Real Estate Affidavit (form CC-1612) in order for the Commissioner of the Revenue's records to be properly updated and to reflect the intestate transfer of property in the Court's land records.

An inquiry of your computer system indicates the Sheriff has not received any process for the individual in question. Territorial jurisdiction is very important here. The process will be served by the Sheriff where the person resides, regardless of which court issued the process. Let's say the person being served lived in Charlottesville but the Fluvanna court issued the process, the plaintiff would call the Charlottesville Sheriff's Office to inquire about service.

A principle function of the Magistrate is to provide an independent, unbiased review of complaints brought to the office by police officers, sheriffs, deputies, and citizens. Magistrate duties include determining probable cause for issuing arrest warrants and search warrants. In addition, the Magistrate conducts bond hearings to set bail in instances in which an individual is charged with a criminal offense.
For more information visit the Office of the Magistrate: www.courts.state.va.us

If any person in the nighttime enters without breaking or in the daytime breaks and enters or enters and conceals himself in a dwelling house or an adjoining, occupied outhouse or in the nighttime enters without breaking or at any time breaks and enters or enters and conceals himself in any building permanently affixed to realty, or any ship, vessel or river craft or any railroad car, or any automobile, truck or trailer, if such automobile, truck or trailer is used as a dwelling or place of human habitation, with intent to commit murder, rape, robbery or arson in violation of 18.2-77, 18.2-79 or 18.2-80, he shall be deemed guilty of statutory burglary, which offense shall be a Class 3 felony. However, if such person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.  (Code 1950, 18.1-88; 1960, c. 358; 1970, c. 381; 1975, cc. 14, 15; 1985, c. 110; 1992, c. 546; 1997, c. 832; 2004, c. 842.)

Yes.   You can exclude words by using the minus sign (-).   In order to find the results of all pages that have alarm in the result but not permit, you would search for alarm -permit.

ou may request a protective order if you are the victim of family abuse. Family abuse is any act of violence, including any forceful detention, which results in physical injury or places one in reasonable fear of serious bodily injury and which is committed by a person against a family or household member. 
The protective order can require that the person causing the abuse leave the house; have no contact with the victim, including no trespassing on the property, and no further abuse of the victim. There are three types of protective orders: Emergency, Preliminary and Permanent orders.

Emergency Orders are available to individuals who need immediate protection. An abused party may request an emergency order from a magistrate. If the magistrate finds reason to issue the order, it will be in effect for at least 72 hours, allowing enough time for an abused party to file a petition for a preliminary order with the juvenile and domestic relations district court.

The Preliminary Order is issued based on a petition filed by the abused party and after a hearing by a judge to determine that the order is required to protect the health and safety of the petitioner. The preliminary order is in effect for fifteen days. A full hearing at which both the petitioner and the accused abuser must be present will be scheduled during that fifteen-day period. 

If the judge finds sufficient reason to issue a Permanent Order during that hearing, the permanent order can be in effect for up to two years. Both parties may petition the court to dissolve or modify the order at any time. Petitions for Preliminary Protective Orders and Permanent Protective Orders are filed through the Court Services Unit of the Fluvanna Juvenile and Domestic Relations Court. They can be reached at 434-591-1990 during normal business hours.

Important Information For Domestic Violence Victims Regarding Protective Orders.
If you have an emergency protective order, it expires on the date and time shown at the bottom of the form. If you want a protective order beyond that time, you MUST contact the Court Services Unit at 434-591-1990 in order to request a petition for a protective order. The petition must then be filed with the Fluvanna County Juvenile & Domestic Relations Court no later than 4pm the Tuesday before your current order expires in order for it to be placed on the Court's docket the following day.

Complete the Probate Forms and call the Circuit Court Clerk's Office and schedule an appointment.  The forms, Will, and death certificate will need to be forwarded to the Clerk's Office prior to your appointment.

If any person commits any of the acts mentioned in 18.2-90 with intent to commit larceny, or any felony other than murder, rape, robbery or arson in violation of 18.2-77, 18.2-79 or 18.2-80, or if any person commits any of the acts mentioned in 18.2-89 or 18.2-90 with intent to commit assault and battery, he shall be guilty of statutory burglary, punishable by confinement in a state correctional facility for not less than one or more than twenty years or, in the discretion of the jury or the court trying the case without a jury, be confined in jail for a period not exceeding twelve months or fined not more than $2,500, either or both. However, if the person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.
(Code 1950, § 18.1-89; 1960, c. 358; 1962, c. 505; 1970, c. 381; 1975, cc. 14, 15, 602; 1991, c. 710; 1992, c. 486; 1996, c. 1040; 1997, c. 832.)

Include all property (real and personal) that was in the decedent's name alone at the time of his/her death.  Do not include property held jointly with a right of survivorship or property payable to a named beneficiary (e.g., life insurance policies or accounts with a named beneficiary).  Include tangible personal property as well as intangible assets (e.g., stocks, bonds, etc.).  Estimate the fair market value of the assets as of the decedent's date of death.  DO NOT DEDUCT debts owed, loans, or mortgage amounts.  Compute separate totals for personal property and real property.

If it is a Warrant for Arrest in a criminal matter, the Sheriff’s Office would handle that service. The Sheriff would also serve a civil Capias, usually for failure to appear in court or obey the court's directives. In either case, the sheriff will not provide this information over the phone. If you believe there is an outstanding warrant for your arrest, it is better to go to the Sheriff's Office to inquire.

Contractors will begin site work and delivering equipment and materials now that they received the notice to proceed on March 8, 2019. Site work will include clearing trees along the project corridor.

In order to obtain a concealed hand gun permit in Fluvanna County you must first apply for the permit in person with the circuit court clerk at the courthouse.   The VSP link below will give you instructions on what to bring and how much it costs. The website will also give you all of the laws regarding concealed weapons, it will tell you where you can and cannot carry the weapon and what you can possibly do if you are denied the permit.  http://www.vsp.state.va.us.