Virginia Resources for Executors

If you die without a will in Virginia, your heirs must survive you by at least 120 hoursVa. Code § 64.2-2201Verified Sep 10, 2026View source to inherit anything. This "survival period" exists to prevent property from passing through multiple estates in quick succession when family members die close together in time, such as in an accident.

Smaller estates under $75,000Va. Code § 64.2-600Verified Sep 9, 2026View source can use a simplified transfer process that avoids full probate proceedings. Unlike states with formal independent administration statutes (such as California and Texas), Virginia doesn't offer a simplified procedure for executors to petition for reduced court oversight. However, executors typically have statutory authority to manage routine estate matters. For families looking to avoid probate court involvement entirely, a revocable living trust remains the most reliable option.

Virginia does not impose a state estate tax or inheritance tax, which means estates are only subject to the federal estate tax (currently exempting the first $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source per person, or $30,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source for married couples using portability). This is a meaningful advantage over the states that layer their own death taxes on top of the federal system.

Virginia provides a statutory homestead exemption protecting up to $50,000 in home equity from creditors. While not as strong as the constitutional protections in states like Texas or Florida, this still provides meaningful protection for the family home.