The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for Virginia with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.
This page is built to print. Use your browser's Print command and choose "Save as PDF" for a one-page Virginia reference. Every figure below is compiled from the statutes and state authorities listed at the bottom — the same sources cited on our Virginia probate pages.
Virginia probate fees
| Item | Virginia |
|---|---|
| Court filing fee | A state probate tax of $0.10 per $100 of estate value (Va. Code §58.1-1712), plus an optional local probate tax of up to one-third of the state tax (about $0.0333 per $100). No probate tax is due on estates of $15,000 or less. Add modest clerk recording fees. |
| Attorney fees | Not statutory. Fees must be reasonable and are reviewed by the local Commissioner of Accounts. |
| Executor / personal representative fees | Reasonable compensation under Va. Code §64.2-1208. There is no fixed statutory percentage. Family executors often waive the fee. |
| Fee basis | reasonable |
| Appraisal / referee | Not used. Virginia does not appoint a state appraiser; instead the personal representative files an inventory of assets with the local Commissioner of Accounts, who reviews it. |
Worked example
On a $500,000 Virginia estate, a typical Commissioner of Accounts guideline yields about $24,000 (5% of the first $400,000 = $20,000, plus 4% of the next $100,000 = $4,000). Guidelines vary by jurisdiction, and the Commissioner can adjust the fee up or down for the actual work. The estate's attorney fee is separate.
Virginia thresholds and deadlines
| Item | Virginia |
|---|---|
| Small-estate threshold | Va. Code §64.2-601(A) requires an affidavit by all known successors stating that the decedent's entire personal probate estate as of the date of death, wherever located, does not exceed $75,000, that at least 60 days have elapsed since the death, that no application for appointment of a personal representative is pending or granted, and that any will was duly probated. Separately, §64.2-602 lets a holder pay or deliver a small asset valued at $35,000 or less to any successor, also after 60 days and with no appointment pending, without the §64.2-601 affidavit. |
| Creditor claim period | Virginia has no general non-claim statute — unlike most states, no single deadline bars all creditor claims. Under Va. Code §8.01-229(B)(2)(a) a claim may be filed before the applicable limitation period expires or within one year after the personal representative qualifies, whichever occurs later. The one-year figure is a floor that can extend a short limitation period, not a ceiling, and it runs from qualification rather than from the date of death. Each debt runs on its own limitation period: five years on a written contract signed by the person who owed it, three years on an unwritten one (Va. Code §8.01-246), and ten years on a judgment entered on or after July 1, 2021 (twenty years for judgments dated before that, Va. Code §8.01-251). Death does not shorten those periods. What closes the estate is a procedure rather than a date: the commissioner of accounts holds a hearing to receive proof of debts and demands, advertised at least ten days beforehand (Va. Code §64.2-550), and once that report is filed and six months have passed since qualification, the court may order creditors to show cause against distribution (Va. Code §64.2-556(A)). A legatee or distributee who is paid may still be sued for five years afterwards to refund a share of any claim that was allowed, or that was never presented (Va. Code §64.2-556(B)). |
| Statutory floor (creditor period) | Virginia has no general non-claim statute — unlike most states, no single deadline bars all creditor claims. Under Va. Code §8.01-229(B)(2)(a) a claim may be filed before the applicable limitation period expires or within one year after the personal representative qualifies, whichever occurs later. The one-year figure is a floor that can extend a short limitation period, not a ceiling, and it runs from qualification rather than from the date of death. |
Each debt runs on its own limitation period: five years on a written contract signed by the person who owed it, three years on an unwritten one (Va. Code §8.01-246), and ten years on a judgment entered on or after July 1, 2021 (twenty years for judgments dated before that, Va. Code §8.01-251). Death does not shorten those periods.
What closes the estate is a procedure rather than a date: the commissioner of accounts holds a hearing to receive proof of debts and demands, advertised at least ten days beforehand (Va. Code §64.2-550), and once that report is filed and six months have passed since qualification, the court may order creditors to show cause against distribution (Va. Code §64.2-556(A)). A legatee or distributee who is paid may still be sued for five years afterwards to refund a share of any claim that was allowed, or that was never presented (Va. Code §64.2-556(B)). | | Transfer-on-death deed | Virginia authorizes a transfer-on-death deed for real estate under the Uniform Real Property Transfer on Death Act, Va. Code §64.2-621 et seq. (effective 2013). An owner records a TOD deed naming a beneficiary during life, and the property passes to that beneficiary at death without probate. |
What passes outside Virginia probate
These transfers are not part of the estate the fees above are calculated on:
- Beneficiary designations — retirement accounts, life insurance, payable-on-death accounts.
- Joint ownership with right of survivorship.
- Transfer-on-death deed — Virginia authorizes a transfer-on-death deed for real estate under the Uniform Real Property Transfer on Death Act, Va. Code §64.2-621 et seq. (effective 2013). An owner records a TOD deed naming a beneficiary during life, and the property passes to that beneficiary at death without probate.
- Assets titled into a funded living trust.
Sources for this sheet
- Statutes: Va. Code §58.1-1712; Va. Code §64.2-601; Va. Code §64.2-602; Va. Code §64.2-1208; Va. Code §64.2-550; Va. Code §64.2-621 et seq.
- State authority: Code of Virginia (law.lis.virginia.gov) / Virginia Commissioners of Accounts
- Court filing fees: https://law.lis.virginia.gov/vacode/title58.1/chapter17/section58.1-1712/
- Small-estate procedure: https://law.lis.virginia.gov/vacode/title64.2/chapter6/section64.2-601/
- Executor fees: https://law.lis.virginia.gov/vacode/title64.2/chapter12/section64.2-1208/
- Transfer-on-death deed: https://law.lis.virginia.gov/vacodefull/title64.2/chapter6/article5/
- Creditor claim period: https://law.lis.virginia.gov/vacode/title64.2/chapter5/section64.2-550/
Compiled August 15, 2026 from the sources listed above. Fee schedules, thresholds, and court costs are amended by legislatures and courts — confirm each figure against the cited statute or the Virginia court before relying on it.
The full Virginia guides
- How Much Does Probate Cost in Virginia? — the full cost breakdown.
- How Much Does an Executor Get Paid in Virginia? — the fee rule in detail.
- How Long Does Probate Take in Virginia? — the timeline and its statutory floor.
- Executor Deadlines in Virginia — inventory deadline, creditor-claim period and outer bar, each quoted from the statute.
- How to Avoid Probate in Virginia — the transfers that pass outside it.
- How Much Does a Will Cost in Virginia? — execution requirements and pricing.
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This sheet sets out Virginia probate figures as published at the time of compilation. It is not legal advice. Figures and statutes change and their application depends on the specific estate. Confirm current figures with the Virginia courts or a licensed Virginia attorney.