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Named as Executor
What an executor actually does: getting appointed, notifying creditors, paying debts and taxes, and where personal liability starts.
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Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
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Loss of a Spouse
What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.
Learn moreForms for Settling an Estate in Virginia
Free forms for settling an estate in Virginia: probate petition, small estate affidavit, creditor notice and closing forms. Prepare each form for Virginia.
Petition for Probate and Letters
In Virginia, the petition asks the Circuit Court to appoint the personal representative, whose authority is proved by Certificate of Qualification; every appointment goes through the court.
Notice to Creditors
In Virginia, creditors have 6 monthsVa. Code §§ 64.2-554, 64.2-556(A) (six months from qualification), 64.2-508.1(C)(4) (published notice); § 64.2-529 (12-month liability shield); § 64.2-550 (debts-and-demands hearing)Verified Sep 9, 2026View source from first publication to present claims.
Small Estate Affidavit
In Virginia, the Small Estate AffidavitVa. Code § 64.2-600Verified Sep 9, 2026View source covers estates with personal property of $75,000Va. Code § 64.2-600Verified Sep 9, 2026View source or less, 60 daysVa. Code § 64.2-600Verified Sep 9, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Virginia, the personal representative files the estate inventory within 120 daysVa. Code § 64.2-1300Verified Sep 15, 2026View source of appointment.
Estate Closing
In Virginia, the personal representative is discharged automatically once the statutory period runsVa. Code §§ 64.2-1212, 64.2-1213Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
IRS Form 1310
Claim a refund due a deceased taxpayer on the official form, on the box the form routes you to, with what the form says to attach.
Tools for Settling an Estate in Virginia
Free tools for settling an estate in Virginia: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Virginia.
How Much Can an Executor Charge?
Virginia pays executors reasonable compensationVa. Code § 64.2-1208(A) (commissioner of accounts allows reasonable compensation; no statutory percentage)Verified Sep 9, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 9, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 9, 2026View source of the estate.
Can I Self-File Probate?
In Virginia, informal probate is not available, so self-filing means a formal court petition rather than a registrar filing.
How Do I Get Letters Testamentary?
In Virginia, the Clerk of the Circuit Court issues a Certificate of Qualification once the Circuit Court appoints the personal representative; every appointment goes through the court.
What Are the Creditor Claim Deadlines?
In Virginia, the 6 monthsVa. Code §§ 64.2-554, 64.2-556(A) (six months from qualification), 64.2-508.1(C)(4) (published notice); § 64.2-529 (12-month liability shield); § 64.2-550 (debts-and-demands hearing)Verified Sep 9, 2026View source period after first publication of the creditor notice protects a representative who distributes after it; late claims can still reach undistributed assets.
What Happens When an Estate Is Insolvent?
When an estate owes more than it holds, Virginia pays the claims in 10Va. Code § 64.2-528Verified Sep 23, 2026View source classes in statutory order, beginning with costs and expenses of administration.
How Do I Claim a Deceased Person's Unclaimed Property?
In Virginia, a deceased owner's unclaimed property is claimed from the Virginia Department of the Treasury, Unclaimed Property DivisionVa. Code Title 55.1, Chapter 25 (Virginia Disposition of Unclaimed Property Act); §§ 55.1-2501, 55.1-2532, 55.1-2533Verified Aug 24, 2026View source.
How Do I Open an Estate Account When Someone Dies?
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
Hire a Virginia Probate Attorney
Browse 66 probate firms in Virginia with addresses, contact info, and practice details.
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Virginia Estate Settlement Resources
In-depth guides covering Virginia probate, estate administration, and settling an estate.