Probate in Virginia
Virginia probate is administered by the Circuit Court clerk in the city or county where the deceased resided. The process is generally efficient for uncontested estates. The executor (called "personal representative" in Virginia) qualifies before the clerk, pays a probate tax, and proceeds with administration — often without significant court supervision.
Virginia probate typically takes 12–18 months. Personal representatives are entitled to reasonable compensation, typically 5% of receipts and disbursements.
Simplified estate procedures
For estates with personal property of $50,000 or less, Virginia allows a "Successor's Affidavit" — a simplified procedure allowing an heir or surviving spouse to collect assets without court involvement, available 60 days after death.
Real estate must generally go through probate or be held in a trust to transfer at death. Virginia does not yet authorize transfer on death deeds for real property in all localities.
Death certificates
Virginia death certificates are issued by the Virginia Department of Health (VDH) Division of Vital Records and by some local health departments. The cost is $12 per certified copy — among the lower rates in the country. Order online through the VDH vital records portal or by mail.
Order 10–12 certified copies through the funeral home when the certificate is initially filed. Banks, insurance companies, pension plans, Social Security, and the probate court each require original certified copies.
Estate and inheritance tax
- State estate tax: Virginia has no state estate tax and no inheritance tax.
The federal estate tax applies only to estates above $13.61 million (2024 threshold).
Notable rules
- Probate tax: Virginia charges a probate tax of $0.10 per $100 of estate value (0.1%) at the time of qualification. This is separate from any estate or inheritance tax.
- Creditor claim period: 1 year from the date of death for unsecured creditors.
- Augmented estate: Virginia's augmented estate statute gives a surviving spouse the right to claim a share of the estate regardless of the will — protecting against being disinherited.
- List of heirs: Virginia requires the personal representative to file a List of Heirs within 4 months of qualification.
Key contacts
- Virginia Department of Health vital records: vdh.virginia.gov/vital-records
- Virginia Courts probate information: courts.state.va.us
- Virginia State Bar lawyer referral: vsb.org