When Is Probate Required in Virginia?
In Virginia, estates with personal property of $75,000Va. Code § 64.2-600Verified Sep 9, 2026View source or less skip probate with the Small Estate AffidavitVa. Code § 64.2-600Verified Sep 9, 2026View source, 60 daysVa. Code § 64.2-600Verified Sep 9, 2026View source after death.
Virginia allows estates with personal property of $75,000Va. Code § 64.2-600Verified Sep 9, 2026View source or less to use the Small Estate AffidavitVa. Code § 64.2-600Verified Sep 9, 2026View source, which avoids full probate administration. The Small Estate Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. The waiting period is 60 daysVa. Code § 64.2-600Verified Sep 9, 2026View source after death.
Real property is outside this procedure in Virginia — it reaches personal property only, and real estate transfers separately. Real estate held in a trust, or otherwise titled to pass outside the probate estate, transfers without probate. A transfer-on-death deed recorded before death also passes real estate outside probateVa. Code 64.2-621 to 64.2-638Verified Oct 17, 2026View source in Virginia. The Virginia trust vs. will comparison sets the two routes side by side.
In Virginia, the assets that pass outside probate are property held in a living trust, accounts with a named beneficiary (retirement accounts, life insurance, payable-on-death bank accounts), real estate with a recorded transfer-on-death deedVa. Code 64.2-621 to 64.2-638Verified Oct 17, 2026View source, and property owned jointly with right of survivorship. Everything the decedent owned alone, with no beneficiary named, is the probate estate.
In Virginia, a simple estate typically takes 6 months to 9 months through probate, and an average estate 9 months to 12 months. An estate with a dispute, real estate in another state or an unusual asset runs longer. The creditor claim period of 6 monthsVa. Code §§ 64.2-554, 64.2-556(A) (six months from qualification before distribution may be compelled or ordered over creditors), 64.2-508.1(C)(4) (elective published notice: claims due at least six months from first publication); § 64.2-529 (separate 12-month personal-liability shield for the personal representative); § 64.2-550 (debts-and-demands hearing before the commissioner of accounts)Verified Sep 9, 2026View source sets the floor: final distribution waits for it to run.
The common ways to avoid probate in Virginia are a funded revocable living trust, beneficiary designations on accounts, recording a transfer-on-death deed for real estateVa. Code 64.2-621 to 64.2-638Verified Oct 17, 2026View source, and titling property as joint tenants with right of survivorship. A trust covers every asset titled to it in one document; the other routes work asset by asset.
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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.
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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.
Learn moreForms for Settling an Estate in Virginia
Free forms for settling an estate in Virginia: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
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 before distribution may be compelled or ordered over creditors), 64.2-508.1(C)(4) (elective published notice: claims due at least six months from first publication); § 64.2-529 (separate 12-month personal-liability shield for the personal representative); § 64.2-550 (debts-and-demands hearing before the commissioner of accounts)Verified Sep 9, 2026View source from first publication to present claims.
Renunciation of Executor
In Virginia, a person named as executor may refuse the appointmentForm CC-1608, Waiver of Qualification (MASTER 11/16); Va. Code § 64.2-500(A)Verified Sep 23, 2026View source before anyone is appointed.
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.
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 inheritance taxes.
How Many Death Certificates Do I Need?
In Virginia, 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; the first copy costs $15Virginia Department of Health - Office of Vital RecordsVerified Oct 15, 2026View source.
Do I Have to File Tax Returns for Someone Who Died?
Virginia requires a final state income tax return for the decedent alongside the federal Form 1040Va. Code §§ 58.1-320, 58.1-322.03, 58.1-360Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
How Do I Settle an Estate?
Settling an estate in Virginia: the personal representative files the estate inventory within 120 daysVa. Code § 64.2-1300Verified Sep 15, 2026View source of appointment; creditors have 6 monthsVa. Code §§ 64.2-508.1, 64.2-528, 64.2-529, 64.2-550, 64.2-552, 64.2-556Verified Oct 19, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
What Do I Do When Someone Dies?
After a death in Virginia, the estate either qualifies for the simplified procedure for estates under $75,000Va. Code § 64.2-600Verified Sep 9, 2026View source or goes through probate, where creditors have 6 monthsVa. Code §§ 64.2-554, 64.2-556(A) (six months from qualification before distribution may be compelled or ordered over creditors), 64.2-508.1(C)(4) (elective published notice: claims due at least six months from first publication); § 64.2-529 (separate 12-month personal-liability shield for the personal representative); § 64.2-550 (debts-and-demands hearing before the commissioner of accounts)Verified Sep 9, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
Virginia levies no estate or inheritance taxNo operative state estate or inheritance tax. Virginia's pick-up estate tax (Va. Code § 58.1-902) remains on the books but imposes "a tax in the amount of the federal credit," and the federal IRC § 2011 state death tax credit has been zero since 2005; the 1978 floor in the § 58.1-901 definition was deleted by 2006 Acts of Assembly Sp. Sess. I, cc. 4 and 5, effective for estates of persons who die on or after July 1, 2007. The separate inheritance tax was repealed effective January 1, 1980, except for remainder interests on which the tax was postponed under former Va. Code § 58-173 (VA Tax PD 15-93).Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Virginia imposes no inheritance or estate taxNo operative state estate or inheritance tax. Virginia's pick-up estate tax (Va. Code § 58.1-902) remains on the books but imposes "a tax in the amount of the federal credit," and the federal IRC § 2011 state death tax credit has been zero since 2005; the 1978 floor in the § 58.1-901 definition was deleted by 2006 Acts of Assembly Sp. Sess. I, cc. 4 and 5, effective for estates of persons who die on or after July 1, 2007. The separate inheritance tax was repealed effective January 1, 1980, except for remainder interests on which the tax was postponed under former Va. Code § 58-173 (VA Tax PD 15-93).Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Virginia take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces 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.
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Virginia Estate Settlement Resources
In-depth guides covering Virginia probate, estate administration, and settling an estate.