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Virginia estate administration

Virginia probate: rules, process, costs, executor fees and deadlines

Small-estate limit: $75,000

This guide explains probate in Virginia: Virginia permits successors to collect a qualifying personal probate estate by affidavit after 60 days.

Sources reviewed August 7, 2026. Latest primary-source re-fetch October 3, 2026.

Answer first

Virginia simplified probate route

Up to $75,000; usable 60 days after death. Source: Va. Code § 64.2-601.

Small asset affidavit

Screen a specific Virginia estate with the calculators on the small-estate page, or compare states in the full estate navigator.

What the reviewed rules establish

Executor compensation

Court-reviewed

No percentage schedule; the court decides what is reasonable. Source: Va. Code § 64.2-1208(A).

Virginia uses a reasonable-compensation standard rather than a fixed statutory percentage.

A. In stating and settling the account, the commissioner of accounts shall allow the fiduciary any reasonable expenses incurred by him and, except in cases in which it is otherwise provided, a reasonable compensation in the form of a commission on receipts or otherwise. Va. Code § 64.2-1208(A)

Virginia decision map

The four facts that change the Virginia route

Each Virginia answer below links to the page that sets out its source.

QuestionRecorded Virginia answer
What route is being screened?Small asset affidavit
What property and basis count?personal probate property only; gross value for this route.
What is the amount screen?$75,000
What is the time or deadline record?60 days after death; creditor deadlines: separate clocks by triggering event
What does the cost record establish?1 published schedule; the proceeding and value basis control the total.
What does compensation use?Reasonable compensation set by the court, measured on the estate accounting.

Limits and unresolved costs

  • The affidavit concerns personal probate property.
  • A will must be duly probated when one exists.
  • Virginia imposes a STATE probate tax of 10¢ per $100 of the estate's value under Va. Code § 58.1-1712 (value measured under § 58.1-1713). It does not apply to estates of $15,000 or less. This is a state charge, not merely a local or optional one.
  • On top of the state tax, Va. Code § 58.1-3805 lets any county or city add an optional LOCAL probate tax equal to one-third of the state tax. The two taxes are separate, and both are distinct from the clerk's appointment fee shown above.

Continue

What Virginia courts publish

Every link is probed before each release.

  • Self-help centreProbate in Virginia, self-help centreSupreme Court of Virginia

    Links to Form CC-1601 and its instructions. The form PDF is served only to browsers, so it is reached through this page.

Limits on court material

  • The small-asset affidavit is prescribed by the Office of the Executive Secretary of the Supreme Court of Virginia and is reached through the self-help centre.
  • Virginia's probate tax is two separate charges: a state tax of 10¢ per $100 of estate value (Va. Code § 58.1-1712, none at or below $15,000) and an optional local add-on equal to one-third of the state tax (Va. Code § 58.1-3805). Both are separate from the clerk's appointment fee.

Virginia primary sources

Every quotation, edition label and machine check is on the Virginia source record.

Virginia record: 6/6 verified, 17 matched checks, latest source re-fetch October 3, 2026. Source record · method · report a correction