Virginia Inheritance: Plan an Estate or Settle One

Virginia has not adopted the Uniform Probate Code, has enacted the Uniform Trust CodeVa. Code § 64.2-700 et seq.Verified Oct 17, 2026View source, and has adopted the Uniform Power of Attorney ActVa. Code §§ 64.2-1600 through 64.2-1642Verified Sep 20, 2026View source.

Probate of a simple estate in Virginia runs 6 months to 9 months; an average estate takes 9 months to 12 months. The court filing fee is $0 - $30 (based on estate value)Va. Code § 17.1-275(A)(3)Verified Sep 9, 2026View source; attorney fees are reasonable compensationVa. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage)Verified Sep 9, 2026View source; executor compensation typically runs 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. On a $500,000 estate the estimated total comes to $29,411Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage)Verified Sep 9, 2026View source. The personal representative must post a bondVa. Code §§ 64.2-504(A) (bond required at qualification), 64.2-505(A)(2) (security waived when the will so directs)Verified Sep 9, 2026View source, which the will may waiveVa. Code §§ 64.2-504(A) (bond required at qualification), 64.2-505(A)(2) (security waived when the will so directs)Verified Sep 9, 2026View source.

Certified death certificates come from the Virginia Department of Health - Office of Vital RecordsVirginia Department of Health - Office of Vital RecordsVerified Oct 15, 2026View source at $15Virginia Department of Health - Office of Vital RecordsVerified Oct 15, 2026View source a copy. Processing time: 2 weeks (VDH pages print 5 business days to 2 weeks online, 8 business days to 4 weeks by mail)Virginia Department of Health - Office of Vital RecordsVerified Oct 15, 2026View source. Once appointed, the personal representative files the estate inventory within 120 daysVa. Code § 64.2-1300Verified Sep 15, 2026View source of appointment and publishes the notice to creditors for 2Va. Code §§ 64.2-508.1, 64.2-528, 64.2-529, 64.2-550, 64.2-552, 64.2-556Verified Oct 19, 2026View source consecutive weeks.

A surviving spouse left out of the will can elect to take a statutory share insteadVa. Code §§ 64.2-302, 64.2-308.3, 64.2-308.4, 64.2-308.12Verified Sep 15, 2026View source. The family allowance during administration is capped at $30,000Va. Code § 64.2-309Verified Oct 11, 2026View source. Property left to a minor under the Uniform Transfers to Minors Act is released at 18 yearsVa. Code § 64.2-1919Verified Sep 15, 2026View source of age. Virginia taxes incomeVa. Code §§ 58.1-320, 58.1-322.03, 58.1-360Verified Sep 20, 2026View source at a top rate of 5.75%Va. Code §§ 58.1-320, 58.1-322.03, 58.1-360Verified Sep 20, 2026View source. An heir's capital gains on inherited assets: ordinary income tax at the state's regular ratesVa. Code § 58.1-320 (imposition of tax on individuals; graduated rate schedule)Verified Sep 15, 2026View source.