Probate in Virginia

Overview

Virginia does not follow the Uniform Probate Code, instead operating under its own probate laws found in the Virginia Code Title 64.2. Virginia's probate system is unique in its use of Commissioners of Accounts — court-appointed officials who oversee estate administration and review accountings. Probate is handled through Circuit Courts, with the Clerk of Circuit Court managing most filings. Virginia's small estate affidavit threshold was recently increased to $75,000 effective July 1, 2025. Virginia has no state estate or inheritance tax.

Key Facts

• Governing Law: Virginia Code, Title 64.2 (Wills, Trusts, and Fiduciaries)
• Court: Circuit Court
• Small Estate Threshold: $75,000 (2025)
• Typical Timeline: 6 to 12 months for standard estates; complex estates may take 1–2 years
• Follows UPC: No

What Makes Virginia Unique

• Commissioner of Accounts System — Virginia's unique oversight system uses court-appointed Commissioners (practicing attorneys) to review estate administration. Commissioners examine inventories, approve accountings, and ensure debts and taxes are properly handled. This adds a layer of professional oversight not found in most states.
• Small Estate Affidavit (2025 Threshold: $75,000) — Estates with personal property valued at $75,000 or less can use a notarized affidavit to collect assets without formal probate administration. The affidavit does not need to be filed with court if properly notarized, though a will must still be probated.
• Small Asset Transfer — Individual assets valued at $35,000 or less (2025 threshold) can be transferred without an affidavit under Va. Code § 64.2-602. This per-asset threshold can be used alongside or independently of the small estate affidavit.
• No State Estate or Inheritance Tax — Virginia does not impose a state estate tax or inheritance tax, which simplifies administration and reduces costs for beneficiaries.
• Clerk of Circuit Court Role — Unlike many states where a judge handles probate filings, Virginia's Clerk of Circuit Court manages most probate proceedings, including will probate and qualification of personal representatives, providing a more administrative and accessible process.
• 16-Month Accounting Deadline — Personal representatives must file their first accounting with the Commissioner of Accounts within 16 months of qualification, with subsequent accountings due annually.

Probate Process Steps

1. Probate will (if any) with the Clerk of Circuit Court in the jurisdiction where the decedent resided
2. Qualify as personal representative (executor or administrator) by posting bond and taking oath
3. Appoint Commissioner of Accounts to oversee estate administration
4. Notify beneficiaries and known creditors
5. Publish notice to creditors as required
6. File inventory of estate assets within 4 months of qualification
7. Allow creditor claims period
8. Pay valid debts, taxes, and expenses
9. File accounting with Commissioner of Accounts within 16 months of qualification
10. Commissioner reviews and files report with court; distribute assets upon approval

Costs & Fees

Fee Structure: Virginia does not have a statutory fee schedule for attorneys. Attorney fees are based on reasonable compensation considering estate complexity, size, and time involved. Commissioner of Accounts fees are set by statute and vary by jurisdiction.

Typical Attorney Fees: Hourly rates typically $200–$400/hour; flat fees of $2,500–$6,000 for simple estates

Non-Lawyer Fees: $300 – $1,500 including court filing fees, Commissioner of Accounts fees, publication costs ($100–$300), bond premiums, and certified copies

Commissioner of Accounts fees are an additional cost unique to Virginia. Bond premiums vary based on estate value and the personal representative's relationship to the estate. Virginia's lack of state estate or inheritance tax reduces overall costs.

Frequently Asked Questions