Virginia probate guide

Probate process in Virginia

Virginia probate is opened with the Clerk of the Circuit Court, with the Commissioner of Accounts auditing inventories and accounts. Probate tax is $0.10 per $100 of probate-asset value (state) plus up to $0.0333 per $100 (local). The small-estate affidavit covers personal-property estates of $50,000 or less. Virginia recognizes the Uniform Real Property Transfer on Death Act under Va. Code § 64.2-621 et seq.

Virginia probate at a glance

Court
Circuit Court (Clerk handles qualification; Commissioner of Accounts supervises)
Typical timeline
30–78 weeks
Filing fee
$50–$250
Small-estate threshold
$50,000
TOD deed allowed?
Yes
Bond required by default?
Yes (unless waived)
Statute
Va. Code Ann. §§ 64.2-100 et seq.

Source: www.vacourts.gov. Fees and thresholds change — verify with your county court before filing.

How Virginia probate works, step by step

  1. 1Qualify as executor or administrator with the Circuit Court Clerk
  2. 2Pay probate tax and receive certificate of qualification
  3. 3File inventory with Commissioner of Accounts within four months
  4. 4Pay debts, taxes, and statutory family allowances
  5. 5File annual and final accounts to close the estate

Probate by county in Virginia

Filing fees, court contacts, and process detail for 5 Virginia counties:

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This page is informational and is not legal advice. Probate procedure varies by county and changes over time. Consult a licensed Virginia probate attorney for advice specific to your situation.