Virginia Probate Information
Quick facts
| Topic | Virginia rule |
|---|---|
| Where probate happens | At the Clerk of the Circuit Court's office for the county or independent city where the decedent had a known place of residence, or the next venue listed by statute if there was no known residence (Va. Code § 64.2-443). |
| Who opens the estate | The clerk or a duly qualified deputy may admit the will, qualify the executor or administrator, take bond and issue the certificate of qualification (Va. Code §§ 64.2-444, 64.2-506). |
| Judge involvement | You do not go before a judge to open an estate. A circuit court judge becomes involved for contests, appeals from the clerk's order, will-establishment or will-impeachment suits, and show cause proceedings (Va. Code §§ 64.2-445, 64.2-446, 64.2-448, 64.2-556). |
| State small estate affidavit | $75,000 or less in the entire personal probate estate, effective July 1, 2025, after 60 days, using CC-1685. If there is a will, it must still be probated (Va. Code §§ 64.2-600, 64.2-601). |
| No-affidavit small asset route | A holder may pay a small asset of $35,000 or less, effective July 1, 2025, after 60 days if no personal representative has been appointed and none is pending (Va. Code § 64.2-602). |
| Probate tax and fees | The state probate tax is 10 cents per $100 of value, with no probate tax on estates of $15,000 or less (Va. Code § 58.1-1712). A city or county may add a local probate tax equal to one-third of the state tax (Va. Code §§ 58.1-1718, 58.1-3805). Qualification fees are no fee for estates of $5,000 or less, $20 for estates not exceeding $50,000, $25 for estates not exceeding $100,000 and $30 for estates exceeding $100,000 (Va. Code § 17.1-275(A)(3)). |
| Estate supervision | After qualification, the commissioner of accounts, a private attorney appointed by the circuit court's judges, supervises the fiduciary and settles accounts (Va. Code § 64.2-1200). |
| Core deadlines | Notice to heirs and beneficiaries within 30 days, affidavit of notice within four months, inventory to the commissioner of accounts within four months after qualification, and first account within 16 months of qualification (Va. Code §§ 64.2-508, 64.2-1300, 64.2-1304). |
| Online access | There is no free public portal that shows Virginia estate files. VJEFS is for Virginia State Bar members and staff filing civil cases, OCIS does not cover probate, OCRA is limited to qualifying officers of the court, and secure remote access to recorded wills is a per-clerk paid subscription where offered. |
| Remote appearance | Virginia circuit courts may allow remote appearance in civil proceedings at the court's discretion, but qualification before the clerk is normally an in-person appointment (Va. Code § 17.1-513.2). |
| Tax at death | Virginia has no estate tax for deaths on or after July 1, 2007 and no inheritance tax on an ordinary estate, though the Department of Taxation notes that certain remainder interests remain subject to the old inheritance tax. The federal exclusion is $15 million per person for deaths in 2026. |
Before you begin — know the assets and liabilities
Before you choose a Virginia probate path, identify the accounts, real estate, debts, vehicles, beneficiary designations and co-owned property. Estate settlement in Virginia depends less on one form and more on the shape of the property: a bank account may fit the small estate affidavit, a car may move through DMV, and a house may require qualification or only a list of heirs and real estate affidavit.
Sunset helps families find assets before they make that decision. Sunset's 2,300-institution search can surface accounts, insurance and other assets that change whether you need qualification, whether the $75,000 small estate affidavit path fits, and what the clerk will need on the probate information form.
Which court handles probate
Virginia has 95 counties and 38 independent cities. An independent city is its own jurisdiction and is not part of any county. Probate is handled statewide through the Clerk of the Circuit Court's office for the proper county or city, although some independent cities share a clerk's counter with a neighboring county.
The venue rule is the circuit court in the county or city where the decedent had a known place of residence. If there was no known residence, the will is offered where Virginia real estate lies, and if there is no such real estate, where the decedent died or had estate (Va. Code § 64.2-443). A person who moved to a nursing home, convalescent home or similar institution because of age or impaired health is rebuttably presumed to keep the same legal residence held before entering the facility (§ 64.2-443).
The probate process
- Inventory the estate before you contact the clerk. List the original will, known heirs, beneficiaries, accounts, vehicles, Virginia real estate, out-of-state real estate, debts, taxes and expenses.
- Decide whether qualification is needed. A $75,000 or smaller personal probate estate, effective July 1, 2025, may use the small estate affidavit after 60 days, but the will, if any, still must be probated (Va. Code §§ 64.2-600, 64.2-601). An intestate real-estate-only estate may be handled with a list of heirs and real estate affidavit (Va. Code §§ 64.2-509, 64.2-510).
- If full qualification is needed, make an appointment with the proper Clerk of the Circuit Court under the venue rule (Va. Code § 64.2-443). Bring the original will if there is one, a certified death certificate, heirs' and beneficiaries' names and addresses, and value estimates for the probate tax return.
- At the appointment, the clerk admits the will if there is one, qualifies the executor or administrator, takes any required bond, records the will and list of heirs, and issues the certificate of qualification (Va. Code §§ 64.2-444, 64.2-506).
- Pay the state probate tax, any local probate tax imposed by the city or county, the qualification fee and recording fees. The state probate tax is 10 cents per $100 of value with no probate tax on estates of $15,000 or less (Va. Code § 58.1-1712). A local probate tax, where imposed, is one-third of the state tax (Va. Code §§ 58.1-1718, 58.1-3805). File CC-1651 when the estate exceeds $15,000 (Va. Code § 58.1-1714).
- File CC-1611, List of Heirs, at qualification and in every Virginia jurisdiction where estate real estate is located (Va. Code § 64.2-509). A nonresident fiduciary files CC-1610, Consent of Nonresident Fiduciary for Service of Process (Va. Code § 64.2-1426).
- Send CC-1616, Notice Regarding Estate, within 30 days after qualification or admission of the will, then record CC-1617, Affidavit of Notice Regarding Estate, within four months (Va. Code § 64.2-508).
- Decide whether to use the optional creditor notice created effective July 1, 2026. If used, publish CC-1686 once a week for two consecutive weeks and file CC-1687 within 30 days after completing publication and mailing (Va. Code § 64.2-508.1).
- File CC-1670, Inventory of Decedent's Estate, with the commissioner of accounts within four months after the order conferring authority (Va. Code § 64.2-1300). The commissioner of accounts is not the clerk and maintains a separate office.
- File CC-1680, Account for Decedent's Estate, with the commissioner of accounts within 16 months of qualification, covering the first 12 months (Va. Code § 64.2-1304). The commissioner of accounts shall not approve an inventory or account until 21 days have elapsed from receiving it and unless it states that any copies requested in writing by a person entitled to notice have been mailed (Va. Code § 64.2-1303).
- Close the estate settlement. If all distributees or all residuary beneficiaries are the personal representatives, CC-1681 may replace a full account after six months and delivery of the residue (Va. Code § 64.2-1314). Otherwise, settle the final account with the commissioner of accounts and use a debts and demands hearing or show cause order if creditor protection is needed (Va. Code §§ 64.2-550, 64.2-556).
Types of probate
| Path | When it fits | Form or document | Key rule |
|---|---|---|---|
| Small estate affidavit | The decedent's entire personal probate estate is $75,000 or less, effective July 1, 2025, and at least 60 days have passed. | CC-1685, Small Estate Affidavit. | Upon being presented a compliant affidavit made by all known successors, the holder shall pay or deliver the small asset to the designated successor. Real property is excluded, and a will, if any, must still be probated (Va. Code §§ 64.2-600, 64.2-601). |
| Small asset with no affidavit | A small asset is $35,000 or less, effective July 1, 2025, at least 60 days have passed, and no personal representative has been appointed or is pending. | No affidavit required by the statute. | The holder may pay or deliver the small asset to a successor. This route is optional for the holder, unlike the affidavit route (Va. Code § 64.2-602). |
| Funeral expense payment from a small asset | Thirty days after death, with no personal representative appointed or pending, a successor asks a holder to pay the funeral provider. | Affidavit from the licensed funeral service establishment. | At a successor's request, the holder shall pay the licensed funeral service establishment handling the funeral up to the § 64.2-528 funeral priority amount, which is $5,000 effective July 1, 2025, upon the establishment's affidavit (Va. Code §§ 64.2-604, 64.2-528). |
| Nonresident decedent's Virginia personal property | The decedent was domiciled outside Virginia and owned Virginia personal property. | No Virginia CC form. | After a 90-day hold, a holder may deliver Virginia assets worth less than $35,000, effective July 1, 2025, to the domiciliary personal representative. For $35,000 or more, the statute adds publication and waiting requirements (Va. Code § 64.2-609). |
| Vehicles and Coast Guard registered vessels | No one has qualified and no qualification is expected. | There is no statewide CC-series form for the vehicle route. Title transfer for a motor vehicle is handled through the DMV under Va. Code § 46.2-634, and U.S. Coast Guard-documented vessels transfer under § 64.2-606. | A legatee or distributee uses a statement that no qualification has occurred or is expected and that debts have been paid or sale proceeds will be applied to debts (Va. Code §§ 64.2-606, 46.2-634). |
| Real estate only, no will | The decedent died intestate and the practical asset is Virginia real estate, with no personal property requiring qualification. | CC-1611, List of Heirs, and CC-1612, List of Heirs / Real Estate Affidavit. | The clerk records the documents in the will book, and the commissioner of the revenue may transfer the real estate on the land books. The state fee in lieu is $25, and a locality may add a local $25 fee where imposed (Va. Code §§ 64.2-509, 64.2-510, 58.1-1717.1, 58.1-1718). |
| Full qualification | The estate needs a personal representative, the personal probate estate is too large for the affidavit route, real estate must be sold under a power of sale, an institution will not use the affidavit, a lawsuit is needed, or creditors must be handled formally. | Common forms include CC-1650, CC-1651, CC-1611, CC-1610 for a nonresident fiduciary, CC-1670, CC-1680 and CC-1681. | The clerk qualifies the personal representative and issues the certificate of qualification. The commissioner of accounts then supervises the inventory, accounts and final settlement (Va. Code §§ 64.2-444, 64.2-506, 64.2-1200, 64.2-1300, 64.2-1304). |
Executor duties
Executor duties in Virginia
A Virginia personal representative must give notice to heirs and beneficiaries, record the notice affidavit, file the inventory and accounts with the commissioner of accounts, preserve assets, pay claims in the statutory order, handle tax filings and distribute only when it is safe to do so. The inventory is due within four months after qualification, and the first account is due within 16 months of qualification (Va. Code §§ 64.2-508, 64.2-1300, 64.2-1304).
The court or clerk must require a personal representative to furnish security, but must not require it if all distributees of the estate or all beneficiaries under the will are personal representatives of that estate, or if the will waives security of an executor it nominates. Any legatee, devisee, distributee or other person with a pecuniary interest may still move the court to require security, and the court may award that person reasonable attorney fees and costs out of the estate (Va. Code § 64.2-505). Do not assume the bond amount from a statewide number.
A nonresident may serve, but must file CC-1610 consenting to service of process and should expect surety unless a Virginia resident qualifies at the same time or the clerk waives surety under the small-asset surety statute. That waiver amount for a personal representative reaches $35,000, effective July 1, 2025 (Va. Code §§ 64.2-1426, 64.2-1411).
The commissioner of accounts, in stating and settling the account, allows the fiduciary reasonable expenses and reasonable compensation in the form of a commission on receipts or otherwise (Va. Code § 64.2-1208). A personal representative receives no compensation until the list of heirs is filed unless an affidavit of diligent inquiry is filed with the commissioner of accounts (Va. Code § 64.2-509).
A bank, transfer agent or other person presented with a currently effective certificate of qualification must accept or reject it within seven business days, may presume the personal representative is authorized, and may face a court order mandating acceptance plus reasonable attorney fees and costs if it refuses in violation of the statute (Va. Code § 64.2-520.2).
Forms and documents
Probate forms in Virginia
Virginia uses statewide Circuit Court CC forms. The Circuit Court Forms Listing revised 07/2026 is the authoritative list and includes both public forms and forms used by court personnel. The main Judiciary forms index is the best link because the Office of the Executive Secretary revises forms in place.
| Form | Title | Use |
|---|---|---|
| CC-1650 | Probate information form | Information the clerk collects at the probate appointment. |
| CC-1651 | Probate tax return | Filed when the estate exceeds $15,000 (Va. Code §§ 58.1-1714, 58.1-1712). |
| CC-1610 | Consent of nonresident fiduciary for service of process | Required for a nonresident fiduciary (Va. Code § 64.2-1426). |
| CC-1611 | List of heirs | Filed at qualification, or with the will where nobody qualifies (Va. Code § 64.2-509). |
| CC-1612 | List of heirs / real estate affidavit | Used for the intestate real-estate-only route (Va. Code § 64.2-510). |
| CC-1616 | Notice regarding estate | Notice to heirs and beneficiaries within 30 days (Va. Code § 64.2-508). |
| CC-1617 | Affidavit of notice regarding estate of . . . | Recorded within four months to prove notice (Va. Code § 64.2-508). |
| CC-1618 | Waiver of notice of probate or qualification | Used when a person entitled to notice waives it. |
| CC-1625 | Certificate / letter of qualification | The authority document issued by the clerk, not a public download (Va. Code § 64.2-506). |
| CC-1626 | Qualification certificate for small asset estate | One-time small-asset certificate with the clerk's impression seal. The $35,000 personal representative amount took effect July 1, 2025 (Va. Code § 64.2-1411). |
| CC-1670 | Inventory of decedent's estate | Filed with the commissioner of accounts within four months after qualification (Va. Code § 64.2-1300). |
| CC-1680 | Account for decedent's estate | First account filed with the commissioner of accounts within 16 months of qualification (Va. Code § 64.2-1304). |
| CC-1681 | Statement in lieu of settlement of account for decedent's estate pursuant to Va. Code § 64.2-1314 | Common closing route when all distributees or all residuary beneficiaries are the personal representatives. |
| CC-1685 | Small estate affidavit | New 07/26 form for the $75,000 affidavit route, effective July 1, 2025. Presented to the holder, not filed with the clerk (Va. Code §§ 64.2-600, 64.2-601). |
| CC-1686 | Notice to creditors regarding estate | New 07/26 optional creditor notice form (Va. Code § 64.2-508.1). |
| CC-1687 | Affidavit of notice to creditors regarding estate | New 07/26 affidavit filed after optional creditor notice publication (Va. Code § 64.2-508.1). |
Important form traps: CC-1685 is presented to the bank or other holder, not filed at the clerk's counter. CC-1670, CC-1680 and CC-1681 go to the commissioner of accounts, not the clerk. CC-1625, CC-1626 and CC-1627 appear in the forms listing but are not public downloads because they are issued or used by court personnel.
Fees
The charge on estate value is the probate tax, not a filing fee. It is collected by the clerk when a will is offered for probate or administration is sought.
| Charge | Amount | Authority |
|---|---|---|
| State probate tax | 10 cents per $100 of value, or fraction of $100 | Va. Code § 58.1-1712 |
| State probate tax exemption | Estates of $15,000 or less pay no probate tax | Va. Code § 58.1-1712 |
| Probate tax return | Required when the estate exceeds $15,000 | Va. Code §§ 58.1-1714, 58.1-1712, CC-1651 |
| Local probate tax | One-third of the state tax, but only where the city or county has imposed it | Va. Code §§ 58.1-1718, 58.1-3805 |
| State fee in lieu for list of heirs or real estate affidavit where no will was probated and no administration granted | $25 | Va. Code § 58.1-1717.1 |
| Local fee in lieu | $25, only where the locality has charged it | Va. Code §§ 58.1-1718, 58.1-3805 |
| Qualification fee | No fee for estates of $5,000 or less, $20 for estates not exceeding $50,000, $25 for estates not exceeding $100,000 and $30 for estates exceeding $100,000 | Va. Code § 17.1-275(A)(3) |
| Recording and indexing a will, list of heirs or other writing | $18 for 10 or fewer pages, $32 for 11 to 30 pages, $52 for 31 or more pages | Va. Code § 17.1-275(A)(2) |
| Seal and certificate for a certified certificate of qualification | $2, plus $0.50 per page or image for the copy | Va. Code § 17.1-275(A)(8), (A)(9) |
| Lodging a will during the testator's lifetime | $5 | Va. Code §§ 17.1-275(A)(38), 64.2-409 |
The $15,000 rule is an on-off exemption, not a deduction. A $200,000 estate owes $200.00 in state probate tax under Va. Code § 58.1-1712, plus $66.67 in local probate tax where the locality has imposed it under Va. Code § 58.1-1718, plus the qualification and recording fees.
Virginia real estate counts toward the probate tax even if it never comes into the personal representative's possession, and out-of-state real estate does not count (Va. Code § 58.1-1713).
Timeline
- Immediately after death: secure assets, locate the will and determine the decedent's county or city of residence for venue (Va. Code § 64.2-443).
- 30 days after death: if no personal representative is pending or appointed, a successor may ask a holder of a small asset to pay the licensed funeral service establishment up to the $5,000 funeral priority amount, effective July 1, 2025, upon the establishment's affidavit (Va. Code §§ 64.2-604, 64.2-528).
- 60 days after death: the $75,000 small estate affidavit route becomes available if the entire personal probate estate qualifies, effective July 1, 2025 (Va. Code §§ 64.2-600, 64.2-601). The $35,000 no-affidavit route may also be available at the holder's option, effective July 1, 2025 (Va. Code § 64.2-602).
- At qualification: the clerk records the will if there is one, qualifies the personal representative, takes bond if required, records the list of heirs and issues the certificate of qualification (Va. Code §§ 64.2-444, 64.2-506, 64.2-509).
- Within 30 days after qualification or admission of the will: send notice regarding estate to the persons entitled to notice (Va. Code § 64.2-508).
- Within four months after qualification or admission of the will: record the affidavit proving notice (Va. Code § 64.2-508).
- Within four months after qualification: file the inventory with the commissioner of accounts (Va. Code § 64.2-1300).
- If optional creditor notice is used: claims must be presented by the later of at least six months from the first publication or 90 days after the personal representative mails or delivers the published notice to the claimant, and the affidavit is filed within 30 days after publication and mailing are complete (Va. Code § 64.2-508.1).
- Within 16 months after qualification: file the first account with the commissioner of accounts, covering the first 12 months (Va. Code § 64.2-1304).
- After six months from qualification: a statement in lieu may close qualifying estates where all distributees or all residuary beneficiaries are the personal representatives and the residue has been delivered (Va. Code § 64.2-1314).
State-specific considerations
California uses statewide Judicial Council forms (the DE-series). The same forms apply in all 58 counties, although counties may add local cover sheets. Los Angeles requires LASC PRO 010.
| Issue | Virginia rule |
|---|---|
| No separate venue for probate | Virginia probate is handled at the Clerk of the Circuit Court's office. The clerk or deputy may admit wills and qualify fiduciaries with the same effect as the circuit court (Va. Code § 64.2-444). |
| Commissioner of accounts | The commissioner of accounts is a private attorney appointed by the circuit court's judges, not the clerk. The commissioner supervises fiduciaries and settles accounts (Va. Code § 64.2-1200). |
| Independent cities | Virginia's 38 independent cities are separate jurisdictions, not parts of counties. A few share a clerk's counter with a neighboring county, but venue remains the city when the decedent was a city resident (Va. Code §§ 64.2-443, 17.1-506). |
| Certificate of qualification | The certificate of qualification is the practical authority document (Va. Code § 64.2-506). A bank or transfer agent must accept or reject a currently effective certificate within seven business days and may face a court order and reasonable attorney fees and costs for a wrongful refusal (Va. Code § 64.2-520.2). |
| Creditor notice | Virginia's creditor publication route is optional. The 2026 statute caps the fiduciary's exposure for late claims when used correctly, but it does not extinguish the claim (Va. Code § 64.2-508.1). |
Small-estate alternatives
Virginia's Small Estate Act is a route around qualification, not always a route around probate. If the decedent's entire personal probate estate is $75,000 or less, effective July 1, 2025, and at least 60 days have passed, all known successors may present CC-1685 to a bank or other holder. Upon being presented a compliant affidavit, the holder shall pay or deliver the small asset to the designated successor (Va. Code §§ 64.2-600, 64.2-601).
The $75,000 test is the whole personal probate estate, not one account, and real property is excluded from the definition of small asset (Va. Code § 64.2-600). If there is a will, the affidavit requires that the will was duly probated, so the will still goes to the clerk even though nobody qualifies (Va. Code § 64.2-601).
There is also a simpler $35,000 route, effective July 1, 2025. After 60 days, a holder may pay or deliver a small asset of $35,000 or less with no affidavit if no personal representative has been appointed and none is pending (Va. Code § 64.2-602). The word is may, so the holder is allowed to pay but is not required to do so.
Recent updates
| Change | Authority | Effective |
|---|---|---|
| New optional notice to creditors. Claims must be presented by the later of at least six months from the first publication or 90 days after the personal representative mails or delivers the published notice to the claimant. New forms CC-1686 and CC-1687 implement the process. | Va. Code § 64.2-508.1 | July 1, 2026 |
| Statewide small estate affidavit form CC-1685 issued for the Virginia Small Estate Act. | Va. Code § 64.2-601 | Revised 07/26 |
| Small asset ceiling for the small estate affidavit raised to $75,000, and the no-affidavit ceiling raised to $35,000. | Va. Code §§ 64.2-600, 64.2-601, 64.2-602 | July 1, 2025 |
| Family allowance raised to a $30,000 lump sum or $2,500 per month, exempt property raised to $25,000, and the homestead allowance raised to $25,000. | Va. Code §§ 64.2-309, 64.2-310, 64.2-311 | July 1, 2025 |
| Funeral expense priority raised to $5,000 and last-illness priority raised to $4,000 for each hospital and nursing home and $550 for each person furnishing services or goods. | Va. Code § 64.2-528 | July 1, 2025 |
| Inventory and settlement waiver, three-year accounting permission, qualification without surety for a personal representative, and the nonresident-decedent delivery ceiling all raised to $35,000. | Va. Code §§ 64.2-1302, 64.2-1313, 64.2-1411, 64.2-609 | July 1, 2025 |
| Qualification certificate for small asset estate form CC-1626 revised for the new $35,000 amount. | Va. Code § 64.2-1411 | Revised 07/25 |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Virginia path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Confirm how the home was titled. If it passes outside probate, the question is usually the remaining personal probate estate. The $75,000 small estate affidavit may avoid qualification after 60 days, effective July 1, 2025, but a will still must be probated (Va. Code §§ 64.2-600, 64.2-601). The spouse should also review the family allowance of up to $30,000 or $2,500 per month (Va. Code § 64.2-309), exempt property of $25,000 (Va. Code § 64.2-310), and homestead allowance of $25,000 (Va. Code § 64.2-311), all effective July 1, 2025. The homestead allowance is in lieu of a will or intestate share and tops that share up to $25,000 if the share is smaller (§ 64.2-311). | Sunset identifies accounts, insurance and debts so the spouse can see whether qualification is needed and can prepare the clerk appointment or affidavit packet. |
| Out-of-state adult child with small estate | A nonresident can qualify. The child signs CC-1610 at the clerk's counter and should expect surety unless a Virginia resident qualifies too or the clerk waives surety under the $35,000 small-asset surety rule, effective July 1, 2025 (Va. Code §§ 64.2-1426, 64.2-1411). If the estate fits the $75,000 affidavit route, effective July 1, 2025, qualification may be unnecessary (Va. Code §§ 64.2-600, 64.2-601). | Sunset helps determine whether the affidavit route is enough, generates the estate settlement checklist and can connect the child with a Virginia probate attorney if a trip or bond issue cannot be avoided. |
| Parent settling predeceased child's estate, home must be sold | Selling real estate is a common reason full qualification is needed, because small-asset routes do not move land. The inventory includes real estate over which the personal representative has power of sale, wherever located (Va. Code § 64.2-1300). Virginia real estate also counts toward the probate tax even if it never comes into the personal representative's possession (Va. Code § 58.1-1713). | Sunset organizes the asset list, generates the probate packet and helps the parent find a local probate attorney when the sale, heirs or creditor issues need legal work. |
Self-help resources
| Resource | How it helps | Link |
|---|---|---|
| Virginia Judiciary circuit court directory | Find the correct Clerk of the Circuit Court for a county or independent city, with address, hours, phone and court page. | https://www.vacourts.gov/courts/circuit/home |
| Commissioners of Accounts directory and fee schedule guidelines | Find the commissioner of accounts by jurisdiction or last name, see the statewide guidelines and learn that local circuit courts set the fee schedule in effect. | https://www.vacourts.gov/courts/circuit/resources/coa/home |
| Virginia Judiciary court forms index | Search statewide CC forms, including the July 2026 additions CC-1685, CC-1686 and CC-1687. | https://www.vacourts.gov/forms/home |
| Circuit Court Forms Listing, revised 07/2026 | Authoritative list of circuit court form names and revision dates. | https://www.vacourts.gov/static/forms/circuit/cc_forms_list.pdf |
| Virginia Judiciary self-help probate forms page | Plain-language probate form index with instruction links. Use the main forms index for the newest July 2026 forms. | https://selfhelp.vacourts.gov/page/37/probate-forms |
| Code of Virginia, Title 64.2 | The statutory source for probate, fiduciaries, small estates, notice, accounts and distribution. | https://law.lis.virginia.gov/vacodefull/title64.2/ |
| Virginia Department of Taxation estate and inheritance taxes | Department statement on the absence of a modern Virginia estate tax and the remainder-interest note. | https://www.tax.virginia.gov/estate-and-inheritance-taxes |
| Virginia Department of Taxation fiduciary income tax | Filing rules for Virginia Form 770, due dates and extension information. | https://www.tax.virginia.gov/fiduciary-income-tax |
| Virginia Judiciary case information | Shows the scope of the statewide case-information systems, which do not include probate records. | https://www.vacourts.gov/caseinfo/home |
| Officer of the court remote access | OCRA is a per-clerk paid subscription that gives view-only access to scanned case documents, limited to Virginia State Bar members in good standing, their authorized agents, pro hac vice attorneys and clerk-approved government agencies. It is not a public estate-file portal. | https://www.vacourts.gov/online/home |
When to hire an attorney
Legal counsel makes sense in Virginia when someone contests the will or appeals the clerk's order, a spouse is considering the elective share, real estate must be sold without a clear power of sale, the estate cannot pay all claims, a disputed claim is headed to a debts and demands hearing, the personal representative wants a show cause order before distribution, the estate must sue or defend a lawsuit, or the commissioner of accounts has raised an issue with the inventory or account. Sunset connects families with a vetted probate attorney.
How Sunset helps in Virginia
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify accounts, insurance, investments and debts before you choose a Virginia probate path.
Generate the probate packet. Sunset turns the information you gather into an organized estate settlement packet, including the forms and supporting details commonly needed for a Virginia clerk appointment or small estate route.
Find a local probate attorney. When a will contest, real estate sale, creditor issue, elective share or commissioner of accounts problem makes legal help the safer path, Sunset can connect you with a vetted Virginia probate attorney.
Sunset is free for families. Families can use Sunset's estate settlement tools at no cost while deciding whether to use an affidavit, qualify before the clerk or get attorney help.
Frequently asked questions
Does Virginia have a separate court just for probate?
No. The circuit courts have jurisdiction over probate of wills, and the Clerk of the Circuit Court or a deputy may admit the will and qualify the personal representative (Va. Code §§ 64.2-443, 64.2-444).
Where do I file probate in Virginia?
File with the Clerk of the Circuit Court in the county or city where the decedent had a known place of residence. If there was no known residence, Virginia's venue statute moves next to where Virginia real estate lies, then to where the decedent died or had estate (Va. Code § 64.2-443).
What is the small estate limit in Virginia?
The small estate affidavit limit is $75,000, effective July 1, 2025, measured by the decedent's entire personal probate estate, not one account (Va. Code §§ 64.2-600, 64.2-601). A separate no-affidavit route lets a holder pay a small asset of $35,000 or less, effective July 1, 2025, but that payment is optional for the holder (Va. Code § 64.2-602).
Do I still probate the will in Virginia if I use the small estate affidavit?
Yes. The affidavit requires that the decedent's will, if any, was duly probated (Va. Code § 64.2-601). The affidavit avoids qualification, not probate.
How much does probate cost in Virginia?
The state probate tax is 10 cents per $100 of value, with no probate tax on estates of $15,000 or less (Va. Code § 58.1-1712). A city or county may add a local probate tax equal to one-third of the state tax (Va. Code §§ 58.1-1718, 58.1-3805). The qualification fee is no fee for estates of $5,000 or less, $20 for estates not exceeding $50,000, $25 for estates not exceeding $100,000 and $30 for estates exceeding $100,000 (Va. Code § 17.1-275(A)(3)).
Can I use a website to see a Virginia estate file?
There is no free public portal that shows Virginia estate files. OCIS does not cover probate, OCRA is limited to officers of the court and approved users, and a recorded will or list of heirs is viewed in the clerk's records room or through a clerk's paid secure remote access service where offered.
Can I use VJEFS to open a Virginia estate?
No. VJEFS is for Virginia State Bar members and designated staff filing most civil cases in participating circuit courts. Probate qualification is a paper process at the Clerk of the Circuit Court's counter, usually by appointment.
Who supervises a Virginia executor after qualification?
The commissioner of accounts supervises the fiduciary, receives the inventory and accounts, and settles the account (Va. Code § 64.2-1200). The inventory is due within four months after qualification, and the first account is due within 16 months of qualification (Va. Code §§ 64.2-1300, 64.2-1304).
Does a Virginia personal representative have to publish notice to creditors?
No. The creditor notice statute effective July 1, 2026 is optional. If used correctly, it caps the personal representative's liability for late claims, but it does not extinguish the claim (Va. Code § 64.2-508.1).
Can I serve as a Virginia executor if I live out of state?
Yes. A nonresident may qualify, but must file CC-1610 consenting to service of process and should expect surety unless a Virginia resident qualifies at the same time or the clerk waives surety. The small-asset surety waiver for a personal representative reaches $35,000, effective July 1, 2025 (Va. Code §§ 64.2-1426, 64.2-1411).
Who inherits in Virginia if there is no will?
The surviving spouse takes everything unless the decedent left a child or descendant who is not also the spouse's child or descendant. In that case, the spouse takes one third and the decedent's children and their descendants take two thirds (Va. Code § 64.2-200). Personal property follows the same shares (Va. Code § 64.2-201).
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Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.