Virginia Probate: How to Settle an Estate in Virginia

A Guide for Executors and Administrators

Virginia’s probate process varies depending on the size of the estate, whether a will exists, and whether the estate qualifies for simplified probate. Settling an estate in Virginia requires understanding the Virginia probate process, the duties of a personal representative, and applicable Virginia probate laws. This guide walks you through the steps required in the Virginia probate process, court filings, estate administration and probate court Virginia.

Executorium also maintains a County-Specific Resource Hub where you can find links, information, resources and contact information for county-specific agencies and departments relevant to probate, will and estate administration.

Access the County-specific resource hubs by using the table linked at the end of this guide.

How an Executor or Administrator Is Appointed in Virginia

Probate begins when an application is submitted to the Clerk of the Circuit Court in the city or county where the decedent lived. If there is a will, the executor named in the will is typically appointed. If there is no will, the court appoints an administrator under Virginia intestate succession laws.

Duties of an Executor Under Virginia Probate Laws

Personal representatives must:

• File the will and petition for probate
• Qualify and post bond (if required)
• Inventory and appraise estate assets
• Notify heirs, beneficiaries, and creditors
• Settle debts and taxes
• Distribute assets and file final accountings

Virginia Probate Process and Timeline

The Virginia probate process typically includes:

1. Application to the Circuit Court Clerk
2. Appointment of the personal representative
3. Notice to creditors and interested parties
4. Filing of inventory and annual accounting
5. Settlement of debts, taxes, and distribution of assets

Most estates in Virginia are settled in 6 to 16 months. See the County-Specific Resource Hub for local court information.

Overview of Virginia Estate Laws and Probate Code

Virginia estate laws are found in Title 64.2 of the Code of Virginia, governing wills, intestacy, probate procedure, and fiduciary duties.

Wills and Probate Court Virginia: Jurisdiction and Filing

Probate court Virginia refers to the Circuit Court Clerk’s Office in the county where the decedent resided. This office handles qualification of executors and estate filings. Visit our County-Specific Resource Hub for local forms and filing details.

Estate Taxes in Virginia and Inheritance Tax Virginia

Virginia does not impose a state estate or inheritance tax. Federal estate tax may still apply if the estate exceeds the IRS exemption threshold.

Virginia Small Estate Affidavit and Simplified Probate

The Virginia small estate affidavit process may be used when:

• The total estate value is $50,000 or less
• At least 60 days have passed since the decedent’s death
• No probate application has been filed

This allows collection of property without formal probate.

Intestate Succession Virginia and Heirship

If no valid will exists, Virginia intestate succession laws determine inheritance. Spouses and children are prioritized, followed by parents, siblings, and other heirs. See Code of Virginia §§64.2-200 to 64.2-207.

Trust Administration and Virginia Trust Laws

Virginia trust laws are based on the Virginia Uniform Trust Code (Code of Virginia Title 64.2, Chapter 7). Revocable living trusts allow assets to bypass probate and be managed privately by a trustee.

Documents Needed for Virginia Probate Records

• Certified death certificate
• Original will and/or codicils
• Probate application and qualification forms
• Inventory and appraisals
• Creditor notifications and tax filings
• Annual and final accountings

Filing Virginia Probate Records Online and In Court

Virginia probate records are filed with the Clerk of the Circuit Court. Some courts offer online access and downloadable forms. Refer to the County-Specific Resource Hub for specific instructions and links.

Property Distribution and Virginia Probate Attorney Help

Executors must distribute assets according to the will or Virginia intestacy laws. A Virginia probate attorney can assist with court filings, accounting requirements, and estate disputes.

It is often required that the executor create a Lists of Heirs and an Inventory of Assets, this can help with the asset distribution process. A video walkthrough is also a valuable tool for the executor in managing the estate property and distribution process.

Executorium maintains a free directory of estate service providers in your state including probate attorneys. Visit the free to access Estate Services Directory for probate and estate service provider listings in your area.

Resolving Disputes: Wills and Probate in Virginia

Disputes related to will validity, fiduciary conduct, or inheritance claims are handled in probate court Virginia. Mediation or litigation may be required in contested matters.

Summary & Linked Resources

• Code of Virginia – Title 64.2
• Virginia Courts – Probate Information
• Executorium County-Specific Resource Hub

Virginia Wills and Probate County Resource Hubs

<<Coming Soon>>

Disclaimer

The information on this page is general in nature and was accurate at the time of publishing. While we strive to keep this content up to date, we make no guarantees regarding its current accuracy or applicability to specific estate situations.
Executors should seek legal guidance from a Virginia probate attorney or estate professional for expert assistance. Visit our Estate Services Directory for free access to listings for Virginia probate and estate services.