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.
Probate costs in Virginia typically include attorney fees of typically 2.5%Va. 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 to 3.9%Va. 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 of the estate, executor fees, and court filing fees. On a $500,000 estate, total costs run about $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, roughly 6% of estate value, varying with complexity. Estimate executor compensation separately with the Virginia executor fee calculator.
Virginia intestacy law decides. Virginia follows separate property rulesVa. Code § 64.2-200Verified Sep 10, 2026View source: the surviving spouse's share depends on whether children survive and whose children they are. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents; Siblings and their descendants; Grandparents (each parent's side takes half); Uncles and aunts and their descendants; Great-grandparents; Siblings of the grandparents and their descendants; More remote lineal ancestors and their descendants; Kindred of your most recent spouse; The Commonwealth (escheat)Va. Code § 64.2-200Verified Sep 10, 2026View source.
No. Virginia imposes no state estate tax and no 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, on an estate above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source, an exemption the One Big Beautiful Bill Act (P.L. 119-21 §70106) set permanently from 2026 and indexes for inflation.
A will in Virginia costs what the provider charges. An online service runs $0 to $299 up front. An attorney in Virginia charges around $437Clio Compare Lawyer Rates, Virginia: Wills and Estates rate (2025 data)Verified Oct 15, 2026View source an hour for wills and estates work, which puts a simple will at $1,311Estimate: 3 hours at $437, Clio's Virginia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,622Estimate: 6 hours at $437, Clio's Virginia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source. The document is only part of the cost: probate adds about $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 on a $500,000 estate in fees the heirs pay later.