For anyone planning an estate in Virginia or settling one: what a will or trust costs, whether an estate needs probate, what executors and trustees are paid, and the taxes on an inheritance, each answered under Virginia law.
36 tools for Virginia
Probate in Virginia takes 6 months to 9 months for a simple estate and charges 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; assets held in a revocable trust skip both.
Virginia authorizes transfer on death deedsVa. Code 64.2-621 to 64.2-638Verified Jul 15, 2026: a recorded, revocable deed that passes real property at death outside probate.
Virginia allows a transfer-on-death beneficiary designation on a vehicle titleVa. Code 46.2-633.2Verified Aug 25, 2026View source, filed through the Virginia Department of Motor Vehicles (DMV) using Form VSA 18.
In Virginia, informal probate is not available, so self-filing means a formal court petition rather than a registrar filing.
In Virginia, the Circuit Court appoints the personal representative and the Clerk of the Circuit Court issues Certificate of Qualification; every appointment goes through the court.
In Virginia, the 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 period after first publication of the creditor notice protects a representative who distributes after it; late claims can still reach undistributed assets.
When an estate owes more than it holds, Virginia pays the claims in 10Va. Code § 64.2-528Verified Sep 23, 2026View source classes in statutory order, beginning with costs and expenses of administration.
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
Compare trust-account requirements bank by bank: how a revocable trust account is opened or retitled, and what proves the trust.
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
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.
Estimate the fair market value of household items for probate and see how it affects fees.
In Virginia, a will-based plan pays probate 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; a funded revocable trust keeps those assets out of probate and off that fee.
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 Sep 15, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
Settling a trust in Virginia happens outside court: the trustee acts under the state's Uniform Trust CodeVa. Code § 64.2-700 et seq.Verified Jul 15, 2026View source, notifies the beneficiaries within 60 daysVa. Code §§ 64.2-775, 64.2-796Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
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.