Estate settlement · VA
Probate in Virginia.
The basics most families need to know. Not legal advice — see the official sources at the bottom of this page, or call a Virginia estate attorney for the specifics of your situation.
Estates under $50,000
Virginia's Small Estate Affidavit covers personal property up to $50,000 (excluding real estate and certain assets). Wait 60 days after death before filing. The successor presents the affidavit directly to banks, brokerage firms, or whoever holds the assets — no court filing required for the affidavit itself.
6–12 months for full probate
Virginia offers informal/unsupervised probate, which is typically faster and less expensive when the will is clean and the heirs aren't in dispute.
Virginia does not require an attorney for probate, though most families with non-trivial estates use one. Average legal fees: $1,500–$5,000.
What makes Virginia different.
- Virginia has no state estate tax and no inheritance tax.
- Probate is handled by the Circuit Court Clerk in the county where the deceased lived — clerks often help walk executors through paperwork without an attorney.
- Real estate generally does NOT require probate to transfer if the will is properly recorded; Virginia uses 'probate' in a narrower sense than many states.
- The probate tax is a small percentage of estate value (around $1 per $1,000) — among the lowest in the country.
What the executor will file.
- List of Heirs (Form CC-1611)Filed at probate to identify all legal heirs.
- Inventory (Form CC-1670)Filed within 4 months of qualifying as executor.
- Small Estate Affidavit (§64.2-601)Personal-property affidavit up to $50,000.
For the actual current rules.
State rules and thresholds change. These links go to the Virginia courts and bar association — the source of truth for current forms, fees, and procedures.
We have probate guides for the 10 most populous states. Pick another:
This page is general consumer guidance, not legal advice. For complex estates, contested wills, or jurisdiction-specific questions, talk to a licensed Virginia estate attorney.
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