What Are My Duties as Executor in Virginia?

The probate petition filing fee in Virginia is approximately $30 for a $500,000 estate.Va. Code § 64.2-601 (small estate $75K threshold and 60-day waiting period), § 64.2-600 (small asset definition, personal property only, real property excluded), § 64.2-1208 (fiduciary compensation; reasonable, no statutory percentage), § 64.2-504 (bond requirement), § 64.2-505 (bond waiver by will), § 64.2-508 (notice to heirs/beneficiaries within 30 days; no newspaper publication), § 64.2-529 (PR liability protection after 12 months from qualification), § 64.2-550 (creditor proof-of-debts hearing before commissioner of accounts; newspaper publication required), § 64.2-1200 (Commissioner of Accounts), § 64.2-1300 (inventory due within 4 months of qualification), §§ 64.2-1305 et seq. (accountings to commissioner of accounts), § 58.1-1712 (state probate tax $0.10/$100; $15K exemption), § 58.1-1718 (optional local probate tax = 1/3 of state tax), § 17.1-275(A)(3) (circuit court qualification fees: $20/$25/$30 by estate value tier; $5K or less no fee); law.lis.virginia.gov; vacourts.govVerified May 1, 2026 Additional fees may apply for certified copies, recording fees, and publication of notice to creditors.

Virginia requires the executor to publish notice to creditors in a local newspaper, though requirements vary by county. Known creditors should also receive direct written notice. Creditors have 12 months to file claims.Va. Code § 64.2-601 (small estate $75K threshold and 60-day waiting period), § 64.2-600 (small asset definition, personal property only, real property excluded), § 64.2-1208 (fiduciary compensation; reasonable, no statutory percentage), § 64.2-504 (bond requirement), § 64.2-505 (bond waiver by will), § 64.2-508 (notice to heirs/beneficiaries within 30 days; no newspaper publication), § 64.2-529 (PR liability protection after 12 months from qualification), § 64.2-550 (creditor proof-of-debts hearing before commissioner of accounts; newspaper publication required), § 64.2-1200 (Commissioner of Accounts), § 64.2-1300 (inventory due within 4 months of qualification), §§ 64.2-1305 et seq. (accountings to commissioner of accounts), § 58.1-1712 (state probate tax $0.10/$100; $15K exemption), § 58.1-1718 (optional local probate tax = 1/3 of state tax), § 17.1-275(A)(3) (circuit court qualification fees: $20/$25/$30 by estate value tier; $5K or less no fee); law.lis.virginia.gov; vacourts.govVerified May 1, 2026 The executor is personally liable for distributions made before the claim period expires if valid claims go unpaid.

Virginia allows estates valued at $75,000 or less to use a small estate affidavit.Va. Code § 64.2-601 (small estate $75K threshold and 60-day waiting period), § 64.2-600 (small asset definition, personal property only, real property excluded), § 64.2-1208 (fiduciary compensation; reasonable, no statutory percentage), § 64.2-504 (bond requirement), § 64.2-505 (bond waiver by will), § 64.2-508 (notice to heirs/beneficiaries within 30 days; no newspaper publication), § 64.2-529 (PR liability protection after 12 months from qualification), § 64.2-550 (creditor proof-of-debts hearing before commissioner of accounts; newspaper publication required), § 64.2-1200 (Commissioner of Accounts), § 64.2-1300 (inventory due within 4 months of qualification), §§ 64.2-1305 et seq. (accountings to commissioner of accounts), § 58.1-1712 (state probate tax $0.10/$100; $15K exemption), § 58.1-1718 (optional local probate tax = 1/3 of state tax), § 17.1-275(A)(3) (circuit court qualification fees: $20/$25/$30 by estate value tier; $5K or less no fee); law.lis.virginia.gov; vacourts.govVerified May 1, 2026 The waiting period is 60 days after death. This avoids the need for formal probate and significantly reduces time and cost.

Virginia allows executors to receive reasonable compensation.Va. Code § 64.2-1208 (reasonable compensation; no statutory percentage)Verified May 1, 2026 Typical executor fees range from 2% to 4% of estate value. Executors can waive their fee entirely or accept a reduced amount. See a detailed breakdown with the Virginia executor fee calculator.

Probate costs in Virginia include court filing fees, attorney fees, executor compensation, publication costs, and potentially a surety bond. Total costs generally range from 3-8% of the estate value depending on complexity. The Virginia probate calculator provides a detailed cost estimate based on estate value.