How Probate Works in Virginia

Does Virginia require probate?

Not always. Virginia offers simplified options for smaller estates that can avoid the full probate process.

Estates with personal property valued at $75,000 or less can use a small estate affidavit to transfer assets without opening a formal probate case. For larger estates with a valid will and cooperating heirs, probate in Virginia is generally straightforward and does not require extensive court involvement.

---

What court handles probate in Virginia?

Probate in Virginia is handled by the Circuit Court in the city or county where the deceased person lived. Most routine probate filings are processed through the Clerk of the Circuit Court rather than requiring a hearing before a judge.

When a will exists, the executor files the original will, a certified death certificate, and the required paperwork with the Clerk. The Clerk "qualifies" the executor by issuing a Certificate of Qualification, which authorizes them to act on behalf of the estate.

If there is no will, an interested party petitions the Clerk for appointment as administrator.

There is no specific statutory deadline to file for probate in Virginia, but it should be done promptly.

---

Small estate threshold

As of 2025, Virginia allows a small estate affidavit for estates where the personal property (excluding real estate) is valued at $75,000 or less (Virginia Code § 64.2-601). This is an increase from the previous $50,000 threshold.

Requirements:

• At least 60 days must have passed since the date of death.
• No personal representative has been appointed, and no petition for appointment is pending.
• The affidavit must be signed by the claimant and include a list of the deceased's known debts and the names of all known heirs.
• The claimant presents the affidavit to banks, brokerages, or other institutions to claim assets.

Real property cannot be transferred through the small estate affidavit process. If the estate includes real estate that needs to go through the estate, full probate is required.

---

Simplified probate

Virginia does not have a separate "simplified" or "informal" probate track in the way that Uniform Probate Code states do. However, most Virginia estates are administered without significant court involvement once the executor or administrator is qualified.

The personal representative manages the estate independently: gathering assets, notifying creditors, paying debts and taxes, and distributing property to beneficiaries. Court approval is not needed for routine actions.

Virginia requires the personal representative to file:

• An inventory of estate assets within four months of qualification.
• Annual accountings showing how the estate is being managed.
• A final accounting before the estate can be closed.

The Commissioner of Accounts (a court-appointed officer) reviews these filings for accuracy.

---

What if there is no will?

When someone dies without a will in Virginia, the estate follows the state's intestate succession laws (Virginia Code § 64.2-200):

• Spouse and children (all shared). The surviving spouse inherits the entire estate.
• Spouse and children from a prior relationship. The surviving spouse receives one-third of the estate. The remaining two-thirds passes to the deceased's children or their descendants.
• Spouse, no children. The surviving spouse inherits everything.
• Children, no spouse. The children inherit everything equally.
• Parents (no spouse or children). The parents inherit everything.

For a broader overview, see our guide on handling an estate without a will.

---

What makes Virginia different?

Strong spousal protections

Virginia provides a robust elective share that protects surviving spouses even if the will leaves them nothing. The elective share is based on the "augmented estate" (which includes certain non-probate transfers), and the percentage increases with the length of the marriage, reaching 50% of the marital property portion after 15 or more years.

In addition, Virginia provides:

• Family allowance. Up to $30,000 (or $2,500/month) for the surviving spouse and minor children during estate administration (2025 amounts).
• Exempt property. Up to $25,000 in personal property exempt from creditors.
• Homestead allowance. An additional $25,000 for the surviving spouse.

Commissioner of Accounts

Virginia uses Commissioners of Accounts to oversee estate administration. These court-appointed officers review inventories and accountings, providing a layer of oversight without requiring formal court hearings for routine matters.

Recent threshold increases

The 2025 legislative session increased several key thresholds, including the small estate limit (from $50,000 to $75,000) and various spousal allowances. These changes reflect an effort to keep pace with inflation and reduce unnecessary probate filings.

For a general overview of the probate process, see our guide on how probate works. If you need to order death certificates, see our guide on how to get death certificates in Virginia.

---