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Virginia Statewide Probate Guide

Settling an estate after losing someone is difficult, and Virginia recently raised its small estate threshold significantly. This guide covers what’s consistent across the whole state. For your specific county’s Circuit Court/Commissioner of Accounts address and local filing details, see that county’s page.

Where Probate Happens

Virginia probate is administered by the Circuit Court Clerk’s office in the county or city where the deceased was domiciled. Once a personal representative qualifies, they work under the supervision of a Commissioner of Accounts – an attorney appointed by the Circuit Court to review inventories, accountings, and creditor claims and ensure the estate is properly administered.

Recent Change: The Small Estate Threshold Just Went Up

Virginia’s 2025 reforms (House Bill 1912) raised the small estate threshold from $50,000 to $75,000, along with increasing several related allowances: the family allowance for surviving spouses and minor children rose from $24,000 to $30,000, and the exempt property and homestead allowances each rose from $20,000 to $25,000. These changes are current as of the 2025-2026 legislative session, with no further changes to the small estate threshold reported for July 2026.

Step 1: Does The Estate Qualify For A Simplified Process?

Virginia offers two tiers depending on the value of a “small asset.”

Payment or Delivery of Small Asset by Affidavit – Virginia Small Estate Act (Va. Code §§ 64.2-600 to 64.2-605, primarily § 64.2-601)

  • The decedent’s entire personal probate estate, wherever located, must not exceed $75,000 as of the date of death.
  • At least 60 days must have passed since the death.
  • No application for appointment of a personal representative can be pending or granted, in any jurisdiction.
  • The decedent’s will, if any, must have already been duly admitted to probate – Virginia requires this step even for a small estate.
  • The affidavit is signed by all known successors and presented to whoever holds the asset (bank, employer, etc.), which is required to release it. A designated successor can even endorse or negotiate a check or other negotiable instrument payable to the decedent under this affidavit.
  • Real estate transfers automatically to inheritors in Virginia without probate at all, regardless of the estate’s overall value – a distinctive Virginia feature that simplifies things considerably for estates whose main asset is a home.
  • Official form: CC-1685 Small Estate Affidavit.

Payment or Delivery Without Affidavit for Very Small Assets (Va. Code § 64.2-602)

  • For an individual asset valued at $35,000 or less, a holder can release it to a successor without even requiring the full affidavit – a lower, no-paperwork threshold for genuinely modest individual accounts.

STEP 2: FULL PROBATE (for estates over the threshold)

  1. File the will and qualify a personal representative with the Circuit Court Clerk in the relevant jurisdiction – this typically involves posting a surety bond, unless the will waives the requirement or the estate meets a small-value threshold.
  2. The personal representative operates under the supervision of the Commissioner of Accounts, filing inventories and accountings.

Recent Procedural Change (Effective July 1, 2026)

Surviving spouses now have one year from probate or the administrator’s qualification (rather than one year from the date of death) to elect the family allowance, exempt property, and homestead allowance – giving more practical time to make this election.

Timeline

Small estate affidavits can move relatively quickly once the 60-day wait passes. Full probate timelines vary with complexity.

Taxes

Virginia has no state estate tax and no state inheritance tax – simplifying the tax picture compared to neighboring Maryland. Only the federal estate tax could apply, and only to very large estates (federal exemption $15 million per individual for 2026).

Where This Guide Fits

This page covers what’s consistent statewide. For your specific county’s Circuit Court Clerk address, phone number, and local filing details, visit that county’s page.