What Do I Do When Someone Dies in Virginia?

A step-by-step checklist for the days, weeks, and months after a death, with the state's rules, deadlines, fees, and official forms noted on the steps they apply to. Free PDF.

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Virginia Executor Checklist

50 tasks to complete

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Notify immediate family members

Contact close family members who need to know. Coordinate funeral arrangements and gather contact information for extended family and friends.

Confirm who has authority over final arrangements

Virginia: State law sets the order of who controls disposition of remains. Order: Person designated in a signed and notarized writing per § 54.1-2825; then Person designated on DD Form 93 (military decedents); then Legal spouse; then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.

Arrange burial, cremation, or other disposition

Work with a funeral home, crematory, or other provider to arrange disposition of the body. State rules govern cremation waiting periods, required authorizations, and burial or disposition permits. The funeral home typically provides certified death certificates and files the death certificate with vital records.

Virginia: Medical examiner authorization is required before cremation. The death certificate must be filed within 3 days. Typical state costs: direct cremation ~$1,600, direct burial ~$3,200, traditional funeral ~$8,300.

How many death certificates do I need?

Obtain certified death certificates

Virginia: Order from Virginia Department of Health - Office of Vital Records. Fee: $15/copy. Available: online, mail, in-person, phone. Processing: 2 weeks (8 business days by mail, 5 business days online).

Unsure how many death certificates you need?

Secure the residence and valuables

Change locks if necessary, ensure the home is secured, and safeguard valuable items. Review who has keys and whether security measures are needed.

Virginia: Homestead exemption up to $50,000. Minor children also protected.

Locate estate planning documents

Find the original will, trust documents, and any amendments. Check the home, safe deposit box, and contact any attorney the deceased worked with.

Determine if probate is necessary

Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types.

Virginia: Small estate affidavit available for estates under $75,000.

Do I need probate?Estimate probate costs in your state

Arrange mail forwarding or collection

Ensure mail is collected regularly to identify bills, accounts, and important correspondence. Forwarding mail to the executor/trustee is common practice.

USPS death notification procedures

Notify Social Security Administration

Report the death to Social Security. The funeral home often does this, but verify it was done. Surviving spouse may be eligible for benefits.

Federal: Timing: As soon as possible after death — payments for the month of death and later must be returned. The funeral home typically initiates the report. SSA: 1-800-772-1213.

SSA death notification procedures

Notify Medicare/Medicaid if applicable

Cancel Medicare coverage and return the Medicare card. If on Medicaid, notify the state agency to avoid benefit continuation.

Virginia: Medicare: No Medicare notification deadline — coverage ends with the death and CMS is notified through SSA. Deadlines that do bind the estate: a Medicare Secondary Payer demand must be repaid within 60 calendar days or interest accrues (42 CFR 411.24(h)), and any claim for services furnished before death must be filed within 12 months of the date of service.. If the deceased received Medicaid, Virginia's estate recovery program (Virginia Department of Medical Assistance Services (DMAS) — Estate Recovery) may file a claim against the estate for benefits paid. Exemptions and hardship waivers are state-specific.

Medicare/Medicaid death notification procedures Virginia Medicaid estate recovery program

Notify Veterans Affairs if applicable

If the deceased was a veteran, notify the VA to stop benefits and inquire about burial benefits and survivor benefits.

Federal: Timing: No fixed deadline to report the death, but report right away to stop payments and avoid overpayment debt; accrued-benefits and substitution requests are due within 1 year of death, and non-service-connected burial allowance claims within 2 years of burial. VA: 1-800-827-1000 (select 5 to report a death); 1-800-535-1117 (national cemetery scheduling).

VA death notification and survivor benefits

Notify employer or former employer

Contact employer about final paycheck, accrued PTO, life insurance, retirement benefits, and COBRA options for survivors.

Employer benefits and pension after a death

Notify banks and financial institutions

Contact each bank and financial institution. They will freeze accounts until proper documentation is provided.

Find your bank or credit union death claim process FDIC guidance on accounts after a death

Notify insurance companies

Contact life insurance companies to file claims. Also notify health, auto, and homeowner insurance to update or cancel policies.

Virginia: Divorce automatically revokes beneficiary designations naming a former spouse on life insurance, retirement accounts, POD bank accounts, TOD investment accounts, annuities (Va. Code § 20-111.1; § 6.2-607; § 64.2-632(A)(5); § 64.2-412). Employer plans governed by federal law (ERISA) and federal benefits are not affected by the state rule. Confirm whether any designation predates a divorce before it is paid out.

Find your insurance company death claim process

Freeze credit at all three bureaus

Place a deceased alert or credit freeze with Equifax, Experian, and TransUnion to prevent identity theft. Over 2 million deceased identities are stolen annually.

FTC identity theft prevention for the deceased

Gather financial account statements

Collect recent statements for all bank accounts, investment accounts, retirement accounts, and any other financial accounts.

What are my personal items worth for probate?

Gather real estate documents

Locate deeds, mortgage statements, property tax bills, and homeowner insurance policies for all real property. Check the county recorder for any recorded Transfer on Death deeds.

Virginia: Homestead exemption up to $50,000. Minor children also protected. Virginia allows Transfer on Death (TOD) deeds. Check the county recorder's office to see if a TOD deed was recorded -- if so, the property transfers outside probate.

What is a Transfer on Death deed?

Gather recent tax returns

Locate the last 3-5 years of federal and state income tax returns. These help identify income sources, assets, and deductions.

Do I have to file tax returns for someone who died?IRS procedures when someone dies

Obtain an EIN for the estate

Apply for an Employer Identification Number (EIN) from the IRS. The estate needs its own tax ID to open bank accounts and file tax returns.

Apply for an estate EIN IRS procedures when someone dies

Open the estate with the appointing office

Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond.

Virginia: Statewide form: CC-1650 (Probate Information Form). Bring the completed forms to a qualification appointment with the Circuit Court; there is no petition filed with a court. Filing fees vary by estate value. Typical duration: 12-36 months.

Can I self-file probate?CC-1650 (official form)Prepare a Petition for Probate and Letters

Obtain letters testamentary or administration

Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority.

Virginia: Certificate of Qualification are issued by the Clerk of the Circuit Court (or a duly qualified deputy clerk) after the representative qualifies, takes the oath, and posts any required bond. The state's title for the role is Personal Representative (executor if testate, administrator if intestate). The Letters document is official form CC-1625 (Certificate/Letter of Qualification). Typically brought to the appointment: 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; If the person qualifying is not a Virginia resident: a written Consent of Nonresident Fiduciary for Service of Process (CC-1610), filed with the clerk "[a]t the time of qualification or appointment" (Va. Code § 64.2-1426(A)); a nonresident must also give bond WITH SURETY unless a resident representative qualifies at the same time or the clerk waives surety under § 64.2-1411.

Certificate/Letter of Qualification (official form)Prepare a Petition for Probate and Letters

Post surety bond if required

If the court requires a bond, obtain a surety bond from an insurance company. The bond protects beneficiaries from executor misconduct.

Virginia: Bond required unless waived in will. Typical premium: 0.5% of estate value. Beneficiaries may waive bond in writing (Va. Code §§ 64.2-504 (bond), 64.2-505 (when security not required), 64.2-1411 (qualification without surety, assets <= $35,000), 64.2-1426(A) (nonresident fiduciary: surety required in every case unless a resident co-qualifies or the clerk waives under § 64.2-1411)).

Open an estate bank account

Open a dedicated checking account for the estate using the EIN and letters testamentary. All estate income and expenses flow through this account.

Consider hiring a probate attorney

For complex estates or if unfamiliar with probate, hiring an attorney is common. Many states allow statutory attorney fees.

Virginia: Attorney fees typically 2.5-3.9% of estate.

Find a probate attorney in your state Can I self-file probate instead?

Publish notice to creditors

Publish a notice in a local newspaper to alert potential creditors. This starts the creditor claim period running.

Virginia: Publication is optional in Virginia, but publishing for 2 consecutive weeks is what starts the claim period. The executor places the notice with the newspaper directly. Creditors have 6 months from first publication to file claims. Direct notice to a known creditor is optional and does not shorten their deadline — they get the later of the claim period or 90 days from the mailing. Proof of publication must be filed with the court.

What are the creditor claim deadlines?Official notice form (CC-1686)Find a legal newspaper (state press association)

Inventory digital accounts and assets

Identify email accounts, social media, online banking, cryptocurrency, and other digital assets. Note any password managers used.

Virginia: Virginia has adopted digital asset access laws (2017). User authorization or court order may be required to access accounts. Online tool authorizations (like Google Inactive Account Manager) are valid.

Digital assets guide

Search for unclaimed property and lost assets

Search the state unclaimed property database for forgotten bank accounts, uncashed checks, insurance proceeds, and refunds owed to the deceased. Estates frequently recover assets the deceased never tracked.

Virginia: Search Virginia Department of the Treasury — Unclaimed Property Division for forgotten accounts, refunds, and uncashed checks owed to the deceased.

Virginia Department of the Treasury — Unclaimed Property Division unclaimed property search

Manage real estate

Maintain property, continue paying mortgage and taxes, arrange for property management if needed, and prepare for sale or transfer.

Virginia: Property owned in other states may require ancillary probate in those states. Small estate exception may apply for property under $35,000. State recognizes out-of-state personal representatives.

Estimate probate costs for real estate

Review and manage investments

Review investment accounts, decide whether to maintain or liquidate positions, and manage accounts prudently during administration.

Find your brokerage death claim process SEC guidance on accounts after a death

Handle retirement accounts

Contact retirement account custodians about beneficiary claims. IRAs and 401(k)s typically pass by beneficiary designation, not through the estate.

Find your retirement provider death claim process Are my beneficiary designations protected?

Identify and list all debts

Create a comprehensive list of all debts including credit cards, loans, mortgages, and any other obligations.

What are the creditor claim deadlines?CFPB guidance on debts after a death

Cancel subscriptions and memberships

Cancel recurring charges for subscriptions, memberships, and services no longer needed.

Managing digital accounts after a death

File inventory with the court

Prepare and file an inventory of all estate assets with their values. The filing deadline runs from your appointment as personal representative and is set by state law.

Virginia: Inventory due within 120 days of appointment. You set the fair-market values yourself; no independent appraiser is required. Supplemental inventory required for assets discovered after the initial filing.

What are my personal items worth for probate?

Review and respond to creditor claims

Review claims submitted by creditors. Reject invalid claims and pay valid debts from estate/trust assets.

Virginia: After a claim is rejected, the creditor has 10 days to sue on it. If the estate cannot pay every claim, payment order: Costs and expenses of administration; then Allowances provided in Article 2 of Chapter 3 (Exempt Property and Allowances, § 64.2-309 et seq.); then Funeral expenses (not to exceed $5,000); then remaining claims in statutory order.

What are the creditor claim deadlines?

Wait for creditor claim period to expire

Do not make final distributions until the creditor claim period has expired. This protects you from personal liability.

Virginia: Creditor claim period is 6 months from first publication.

What are the creditor claim deadlines?

Transfer vehicle titles

Transfer ownership of vehicles to beneficiaries or the estate. Contact the state DMV with a death certificate and title documents.

Virginia: Virginia titles can carry a Transfer on death designation (Va. Code 46.2-633.2). Check the title for a TOD or beneficiary designation — a designated vehicle passes directly to the named beneficiary outside probate. Titles are processed by the Virginia Department of Motor Vehicles (DMV).

What are my personal items worth for probate?Virginia Department of Motor Vehicles (DMV) — TOD designation information

File final personal income tax return

File a final IRS Form 1040 for the deceased covering January 1 through date of death. Write "DECEASED," the decedent's name, and the date of death across the top of the return. If filing jointly with a surviving spouse, include both incomes. Attach Form 1310 to claim a refund, unless you are the surviving spouse filing a joint return or a court-appointed personal representative attaching a copy of the court certificate to the original return.

Virginia: File Form 760 (Virginia Resident Individual Income Tax Return) for January 1 through date of death. Due May 1 following year of death (Va. Code § 58.1-341 — Virginia uses May 1, not April 15). File Form 760 for income earned January 1 through date of death. Va. Code § 58.1-341(A): "On or before May 1 of each year if an individual's taxable year is the calendar year ... an income tax return under this chapter shall be made and filed." Rates 2%-5.75%, top rate over $17,000 (Va. Code § 58.1-320); standard deduction $8,750 single / $17,500 married for TY 2026 (Va. Code § 58.1-322.03(1)(b)(v)). Fill in the "Deceased" oval next to the decedent's date of birth. Refund: per the 2025 Form 760 instructions, "the refund will be issued in the name of the surviving spouse or the estate of the decedent(s) unless a properly completed copy of federal Form 1310 is provided." A surviving spouse filing a joint return is the primary taxpayer and needs no additional documentation. Extension: automatic 6-month extension (to November 1 for calendar-year filers) under Va. Code § 58.1-344; "No application for extension is required; however, any tentative tax due must be paid with an extension voucher, Form 760IP, by the original due date" (2025 Form 760 instructions). Form 760IP is a payment voucher, not an extension request.

Do I have to file tax returns for someone who died?IRS procedures when someone dies IRS Form 1040 (Federal)IRS Free File Form 760 (Virginia Resident Individual Income Tax Return) (Virginia)Virginia Online Filing

File estate/trust income tax return

If the estate or trust earns income during administration ($600 in gross income), file IRS Form 1041. Required if estate gross income is $600 or more, or if any beneficiary is a nonresident alien. The estate can choose a fiscal year. Use Form 7004 for an automatic 5.5-month extension of time to file.

Virginia: File Form 770 (Virginia Fiduciary Income Tax Return) for estate/trust income. Required when Resident estates/trusts: required to file if required to file a federal Form 1041 or having any Virginia taxable income; nonresident estates/trusts: required if having Virginia taxable income (Va. Code § 58.1-381(A)). Due May 1 (calendar year); 15th day of 4th month after close of fiscal year. Automatic 6-month extension (Va. Code § 58.1-344).. Estates and trusts are taxed at the individual graduated rates (2%, 3%, 5%, 5.75%, top over $17,000) per Va. Code § 58.1-360 ("A tax is hereby annually imposed, at the rates prescribed by § 58.1-320 for individuals, on the Virginia taxable income ... of every estate and trust"). Where to file (2025 Form 770 instructions): both original and amended returns are accepted electronically; "If you are unable to file and pay electronically, Form 770 must be filed with the Commissioner of the Revenue, Director of Finance or Director of Tax Administration for the city or county in which the fiduciary qualified." Estimated tax: an estate is not required to make estimated payments until the first taxable year ending 2 or more years after the date of death (Va. Code § 58.1-490(A)); the liability threshold is $1,000 for taxable years beginning on and after January 1, 2026 (raised from $150 — 2025 Form 770 instructions: "For taxable years beginning on and after January 1, 2026, the threshold increases from $150 to $1,000"), paid on Form 770ES. The fiduciary reports each beneficiary's share on Schedule 5, Beneficiary's Information (federal Schedule K-1 equivalent), per Va. Code §§ 58.1-361 and 58.1-363. (Schedule VK-1 is what an estate or trust RECEIVES as an owner of a pass-through entity — it is not the schedule the fiduciary issues to its own beneficiaries.) Extension payments use Form 770IP; at least 90% of the tax must be paid by the original due date.

Do I have to file tax returns for someone who died?IRS procedures when someone dies IRS Form 1041 (Federal)Form 770 (Virginia Fiduciary Income Tax Return) (Virginia)

Determine if estate tax return is required

For estates exceeding the federal exemption ($15,000,000), IRS Form 706 is required. Some states have lower thresholds. File Form 4768 for an automatic 6-month extension of time to file. The estate and GST tax is still due within 9 months of death; an extension of time to pay must be requested separately on the same form. Form 706 may also be filed to elect portability of the unused exemption to a surviving spouse.

Virginia: No state estate or inheritance tax. Only federal Form 706 applies if estate exceeds the federal exemption ($15,000,000).

How much are estate and inheritance taxes?IRS procedures when someone dies IRS Form 706 (Federal)Form 4768 (Extension)

Obtain tax clearance if required

Some states require tax clearance or closing letters before final distribution. Distributing without clearance can create personal liability for the executor or trustee.

Virginia: Virginia issues no state tax clearance certificate or estate tax waiver, and none is required before an estate is distributed. There is no operative estate tax (Va. Code ch. 9 imposes a tax equal to the federal credit, which has been zero for decedents dying on or after July 1, 2007) and no general inheritance tax (repealed effective January 1, 1980; a narrow postponed-remainder-interest residue survives per VA Tax PD 15-93). Two Virginia gates still stand in front of a closing estate, neither of them a Department-issued clearance. The commissioner of accounts may not approve a personal representative's final account unless he finds "that all state, county or city taxes assessed and chargeable upon property in the hands of a personal representative have been paid" (Va. Code § 58.1-911). And an executor or administrator who qualifies in Virginia on a nonresident decedent's estate must file proof with the clerk of the court, within 18 months of qualification, that the domiciliary state's death taxes have been paid or secured or that none are due, unless letters have been issued in the state of domicile (Va. Code § 58.1-913). The personal representative must also file and pay any Virginia income tax (Form 760 final return, Form 770 fiduciary return).

Do I have to file tax returns for someone who died?

Determine your executor commission

An executor or personal representative is entitled to compensation for administering the estate. Some states set commissions by statute; others allow reasonable compensation. Decide whether to take a commission and document the basis before final distribution.

Virginia: Executor compensation must be reasonable (no fixed statutory schedule). States that do set a schedule pay 2.2%–3.8% of an estate this size. Commissions are taxable income to the executor and are usually waived when the executor is also the main beneficiary.

How much can an executor charge?

Prepare distribution plan

Create a detailed plan for distributing assets according to the trust terms, will provisions, or intestate succession laws.

Who inherits without a will?

Notify beneficiaries of proposed distribution

Provide beneficiaries with a proposed distribution and accounting before making distributions.

I'm inheriting - what do I need to know?

Handle specific bequests

Distribute specific items (jewelry, heirlooms, etc.) to named beneficiaries as specified in the will or trust.

What are my personal items worth for probate?

Obtain receipts and releases from beneficiaries

Have beneficiaries sign receipts acknowledging distributions. Releases from liability are also commonly obtained.

Distribute assets to beneficiaries

Transfer assets to beneficiaries according to the distribution plan. Keep detailed records of all distributions.

Prepare final accounting

Create a detailed accounting showing all assets, income, expenses, and distributions. This may be required by the court or beneficiaries.

File final accounting with the court

Submit the final accounting to the probate court for approval. This is required before the estate can be formally closed.

Can I self-file probate?

Petition to close the estate

File a petition with the court to formally close the estate once all duties are complete.

Estate closing forms

Retain records for required period

Keep copies of all documents, accountings, receipts, and tax returns. Most professionals recommend keeping records for 7-10 years.

I understand this is general guidance only and requirements vary by state. I will verify all requirements with my state's probate court.I understand this checklist is not legal advice; a licensed attorney handles legal questions.Send me helpful estate planning resources and updates

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This checklist provides general guidance for estate settlement. Requirements vary by state and circumstance. Consult a licensed attorney for legal advice.Data verified 2026-09-15

Frequently Asked Questions

Request 10-15 certified copies from the funeral home or state vital records office. You will need these for banks, insurance companies, government agencies, and other institutions. Each institution typically requires an original certified copy. Order from Virginia Department of Health - Office of Vital Records. Fee: $15/copy. Available: online, mail, in-person, phone. Processing: 2 weeks (8 business days by mail, 5 business days online).

State law sets the order of who has the legal right to decide burial, cremation, or other disposition. A written pre-need designation by the deceased, if one exists, controls. Confirm who holds this authority before arrangements are made. State law sets the order of who controls disposition of remains. Order: Person designated in a signed and notarized writing per § 54.1-2825; then Person designated on DD Form 93 (military decedents); then Legal spouse; then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.

Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types. Small estate affidavit available for estates under $75,000.

Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond. Statewide form: CC-1650 (Probate Information Form). Bring the completed forms to a qualification appointment with the Circuit Court; there is no petition filed with a court. Filing fees vary by estate value. Typical duration: 12-36 months.

Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority. Certificate of Qualification are issued by the Clerk of the Circuit Court (or a duly qualified deputy clerk) after the representative qualifies, takes the oath, and posts any required bond. The state's title for the role is Personal Representative (executor if testate, administrator if intestate). The Letters document is official form CC-1625 (Certificate/Letter of Qualification). Typically brought to the appointment: 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; If the person qualifying is not a Virginia resident: a written Consent of Nonresident Fiduciary for Service of Process (CC-1610), filed with the clerk "[a]t the time of qualification or appointment" (Va. Code § 64.2-1426(A)); a nonresident must also give bond WITH SURETY unless a resident representative qualifies at the same time or the clerk waives surety under § 64.2-1411.

After a Death in Virginia

Estate settlement in Virginia begins with determining whether probate is required. Estates under $75,000 may qualify for simplified procedures that avoid formal court involvement. For larger estates, probate provides a structured process for resolving debts and distributing assets.

The 6 months creditor claim period in Virginia is a key factor in the settlement timeline. No final distribution should occur until this period expires. State procedure sets a practical floor of about 12 months before an estate can close (Va. Code §§ 64.2-529, 64.2-1304; industry estimate). Simple estates close in 6 months to 9 months from the date of filing.

Virginia requires an executor bond by default. The bond can be waived through a provision in the will, reducing upfront costs. The executor is responsible for managing estate expenses, filing tax returns, and providing a final accounting to the court and beneficiaries. Virginia provides a family allowance for eligible survivors during administration, up to $30,000 (Va. Code § 64.2-309).

Estate settlement expenses in Virginia include attorney fees, executor fees, court costs, and creditor notice publication — about $29,411 on a $500,000 estate. Estates held in a revocable living trust avoid probate entirely and settle in weeks rather than months.

SimplyTrust Editorial·Updated September 9, 2026

Legal Sources

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

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Small Estate Affidavit

Prepare the affidavit that collects a small estate's property without probate — the official state form or an affidavit drafted to statute, plus a presentation letter for each holder.

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Estate Inventory

Prepare the probate inventory of estate property — every asset at its date-of-death value, composed to your state's statute, with the state's filing or delivery instructions.

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