Is there a way to avoid probate appointment in Virginia?

Yes. A revocable living trust passes assets to beneficiaries without any court appointment — no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about 15 minutes.

How Do I Get Appointed as Executor in Virginia?

See the appointing court, the petition that opens the estate, what to file, and bond rules to be appointed in your state.

Got the Letters? Run the whole estate from here.

State

Document Type

Getting Appointed in Virginia

Personal Representative (executor if testate, administrator if intestate)

Where you file

Circuit Court (Clerk of the Circuit Court / probate division)

The form that opens the estate

CC-1650Probate Information Form · Fillable PDF · View sourceStart this petition for Virginia — we pre-fill it with your information. You review, sign, and file it with the court.

What the court issues (with a will)

Certificate of Qualification (Letters Testamentary)issued by Clerk of the Circuit Court (or a duly qualified deputy clerk) after the representative qualifies, takes the oath, and posts any required bond

Letters are an output — the court issues them after granting the petition.

At a glance

UPC adoptedInformal trackE-filingSelf-represented filingLocal/county forms

No probate e-filing. The personal representative qualifies in person before the Clerk of the Circuit Court (most clerks require a scheduled appointment). The clerk admits any will to probate, reviews the Probate Information Form (CC-1650) and List of Heirs (CC-1611), administers the oath, takes any bond, and issues the Certificate of Qualification. No attorney is required.

Bond

Required before Letters: Yes
Waivable by will: Yes
Waivable by beneficiaries: Yes

Other official forms

Letters form: CC-1625View source

What to file with the petition

Certified copy of the death certificate (or, where the clerk accepts it, a copy of the obituary)
Original will and any codicils, if the decedent left a will (Va. Code §§ 64.2-443, 64.2-444)
Completed Probate Information Form (CC-1650) — the application for appointment of an executor or administrator
List of Heirs (CC-1611) — the decedent's heirs at law, sworn, filed "at the time of his qualification" whether the decedent died testate or intestate (Va. Code § 64.2-509(A)); a SEPARATE form from CC-1650
Probate Tax Return (CC-1651), filed with the clerk when the estate exceeds $15,000 in value (Va. Code § 58.1-1714)
Approximate value of the decedent's solely owned probate assets (to set the bond and probate tax)
Bond, with surety unless waived (Va. Code §§ 64.2-504, 64.2-505)
Renunciation by any higher-priority person or named executor declining to serve, and any Waiver of Qualification (CC-1608), where applicable

Small-estate alternative

Bypasses full Letters: Yes
Form: CC-1685View source
Form name: Small Estate Affidavit

State-specific notes

Virginia qualification is a clerk-administered, in-person process, not a court petition. The Clerk of the Circuit Court (or a deputy clerk) performs the functions a judge performs elsewhere: admitting the will, qualifying the executor/administrator, taking the oath and bond, and issuing the Certificate of Qualification, which Va. Code § 64.2-506 gives the same legal effect as formal Letters Testamentary/Administration; the filer may separately request formal letters "in due form" signed by the clerk, sealed, and certified by the judge. Intestate qualification also has priority windows (§ 64.2-502(A)): during the first 30 days after death the clerk may grant administration to a sole distributee, or his designee, or to any distributee who presents written waivers of the right to qualify from all other competent distributees; after 30 days, to the first distributee who applies; after 45 days, to a nonprofit charitable organization that served as the decedent's conservator or guardian (on a diligent-search certification); and after 60 days, to one or more creditors or any other person (same certification). Two small-estate paths bypass qualification entirely: the § 64.2-601 successor affidavit (entire personal probate estate <= $75,000), which since the 2025 amendment must be made on the OES form CC-1685 Small Estate Affidavit, and the § 64.2-602 no-affidavit delivery of a single small asset <= $35,000 once 60 days have elapsed and no personal representative has been appointed.

A revocable living trust passes assets to your family without this court appointment process — no petition, no Letters, no bond.

Create a Revocable Trust in 15 minutes

This tool provides general information about how a personal representative is appointed and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.Data verified 2026-07-15

Frequently Asked Questions

Virginia uses Probate Information Form (CC-1650), filed with the Circuit Court (Clerk of the Circuit Court / probate division). After the court grants the petition, Clerk of the Circuit Court (or a duly qualified deputy clerk) after the representative qualifies, takes the oath, and posts any required bond issues your Certificate of Qualification (Letters Testamentary) (with a will) or Certificate of Qualification (Letters of Administration) (without a will).

Along with the petition, Virginia generally requires: Certified copy of the death certificate (or, where the clerk accepts it, a copy of the obituary); Original will and any codicils, if the decedent left a will (Va. Code §§ 64.2-443, 64.2-444); Completed Probate Information Form (CC-1650) — the application for appointment of an executor or administrator; List of Heirs (CC-1611) — the decedent's heirs at law, sworn, filed "at the time of his qualification" whether the decedent died testate or intestate (Va. Code § 64.2-509(A)); a SEPARATE form from CC-1650; Probate Tax Return (CC-1651), filed with the clerk when the estate exceeds $15,000 in value (Va. Code § 58.1-1714); Approximate value of the decedent's solely owned probate assets (to set the bond and probate tax); Bond, with surety unless waived (Va. Code §§ 64.2-504, 64.2-505); Renunciation by any higher-priority person or named executor declining to serve, and any Waiver of Qualification (CC-1608), where applicable.

Yes. Virginia requires a bond by default before Letters issue. A will can waive it. Beneficiaries can also waive it in writing.

Virginia permits self-represented filers to open an estate, using Probate Information Form (CC-1650). The Self-File Probate Assessment compares self-filing and attorney costs for Virginia.

Yes. A revocable living trust passes assets to beneficiaries without any court appointment in Virginia — no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about 15 minutes.

Getting Appointed in Virginia

In Virginia, a personal representative is appointed by the Circuit Court (Clerk of the Circuit Court / probate division). Clerk of the Circuit Court (or a duly qualified deputy clerk) after the representative qualifies, takes the oath, and posts any required bond issues the Letters that prove authority over the estate — Certificate of Qualification (Letters Testamentary) when there is a will, Certificate of Qualification (Letters of Administration) when there is not. Virginia's Uniform Probate Code adoption status: No.

The estate is opened by filing Probate Information Form (CC-1650) with the court. The court filing fee runs $0 - $30 (based on estate value), and an informal appointment track for qualifying estates is available: No.

A bond is required by default before Letters issue in Virginia, though a will can waive it and the beneficiaries can waive it in writing.

Estates under $75,000 in Virginia may qualify for a simplified procedure that avoids a full appointment entirely (CC-1685). See the self-file probate assessment for a Virginia cost comparison.

SimplyTrust Editorial·Updated July 14, 2026

Legal Sources

Data sourced from Virginia statutes and official state code. How we research.

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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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Virginia Estate Planning Resources

In-depth guides covering Virginia probate laws, trust requirements, and estate planning strategies.

How Do I Get Appointed as Executor in Virginia?

Getting Appointed in VirginiaVa. Code §§ 64.2-443 (circuit court jurisdiction), 64.2-444 (clerk authority to admit wills and qualify representatives), 64.2-500 to 64.2-509 (grant, oath, bond, security, certificate of qualification, list of heirs)Verified Jul 15, 2026View source

At a glance

BondVa. Code §§ 64.2-504 (bond), 64.2-505 (when security not required), 64.2-1411 (qualification without surety, assets <= $35,000)Verified Jul 15, 2026View source

Other official forms

What to file with the petition

Small-estate alternative

State-specific notes

Frequently Asked Questions

Is this your situation?

Named as Executor

Your kids shouldn't have to do this.

Virginia Estate Planning Resources

Getting Appointed in VirginiaVa. Code §§ 64.2-443 (circuit court jurisdiction), 64.2-444 (clerk authority to admit wills and qualify representatives), 64.2-500 to 64.2-509 (grant, oath, bond, security, certificate of qualification, list of heirs)Verified Jul 15, 2026View source

At a glance

BondVa. Code §§ 64.2-504 (bond), 64.2-505 (when security not required), 64.2-1411 (qualification without surety, assets <= $35,000)Verified Jul 15, 2026View source

Other official forms

What to file with the petition

Small-estate alternative

State-specific notes

Is this your situation?

Named as Executor

Getting Appointed in Virginia

Bond

Getting Appointed in Virginia

Bond