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Virginia source record

Every source behind the Virginia guide

6 primary records, quoted verbatim and checked against 17 named presence or absence conditions that must pass against the live government text. Open the record, read the words the publishing body actually used, and confirm the current rule for yourself.

Last full re-fetch September 15, 2026

What each source establishes

The Virginia guide rests on the source-backed rules this site can verify for the state: which simplified procedure exists and what it limits, what the court charges, how the person administering the estate may be paid, and the statutory creditor-deadline clocks the official text states.Every published rule below is quoted in the publisher’s own words rather than summarised.

Simplified-procedure rule

Va. Code § 64.2-601

Virginia General Assembly · Section history through 2026, c. 40 · Verified August 7, 2026

1. That the value of the decedent's entire personal probate estate as of the date of the decedent's death, wherever located, does not exceed $75,000; 2. That at least 60 days have elapsed since the decedent's death;

What was published from this source

  • smallEstate.threshold = 75000
  • smallEstate.waitingDays = 60
  • smallEstate.assetScope = personal-only

Conditions checked against the live text

Each condition below must be found in the page as the publisher currently serves it. If any one of them stops matching, the build fails and the figure is withheld rather than published from memory.

  • $75,000 ceiling
  • 60-day wait
  • gross personal probate estate, no lien deduction stated

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Court cost rule

Va. Code § 17.1-275(A)(3)

Virginia General Assembly · Section history through 2022, c. 377 · Verified August 7, 2026

3. For appointing and qualifying any personal representative, committee, trustee, guardian, or other fiduciary, in addition to any fees for recording allowed by this section, $20 for estates not exceeding $50,000, $25 for estates not exceeding $100,000 and $30 for estates exceeding $100,000. No fee shall be charged for estates of $5,000 or less.

What was published from this source

  • filingFee.summary mentions $20 / $25 / $30 value bands

Conditions checked against the live text

Each condition below must be found in the page as the publisher currently serves it. If any one of them stops matching, the build fails and the figure is withheld rather than published from memory.

  • $20 band
  • $25 band
  • $30 band

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Executor compensation rule

Va. Code § 64.2-1208(A)

Virginia General Assembly · Section history through 2012, c. 614 · Verified August 7, 2026

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.

What was published from this source

  • executorCompensation.kind = reasonable

Conditions checked against the live text

Each condition below must be found in the page as the publisher currently serves it. If any one of them stops matching, the build fails and the figure is withheld rather than published from memory.

  • reasonable compensation standard
  • commissioner of accounts allows it

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Court cost rule

Va. Code § 58.1-1712

Virginia General Assembly · Section history through 2003, c. 195 · Verified August 7, 2026

A tax is hereby imposed on the probate of every will or grant of administration not exempt by law. The tax shall be based on the value of the estate as determined in § 58.1-1713 . For every $100 of value, or fraction of $100, a tax of 10 cent(s) is imposed. However, the tax imposed by this section shall not apply to decedents' estates of $15,000 or less in value.

What was published from this source

  • state probate tax = 10 cents per $100 of value
  • state probate tax does not apply to estates of $15,000 or less

Conditions checked against the live text

Each condition below must be found in the page as the publisher currently serves it. If any one of them stops matching, the build fails and the figure is withheld rather than published from memory.

  • state tax imposed on probate
  • 10 cents per $100 of value
  • no tax on estates of $15,000 or less

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Court cost rule

Va. Code § 58.1-3805

Virginia General Assembly · Section history through 2010, c. 266 · Verified August 7, 2026

In addition to the state tax and fee imposed by §§ 58.1-1712 and 58.1-1717.1 , the governing body of any county and the council of any city may (i) impose a city or county tax in an amount equal to one-third of the amount of the state tax on the probate of a will or grant of administration on the probate of every such will or grant of administration

What was published from this source

  • optional local probate tax = up to one-third of the state tax

Conditions checked against the live text

Each condition below must be found in the page as the publisher currently serves it. If any one of them stops matching, the build fails and the figure is withheld rather than published from memory.

  • optional local add-on up to one-third of the state tax
  • in addition to the state tax

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Creditor deadline rule

Va. Code § 64.2-508.1(C)(4)

Virginia General Assembly · Section history through 2026, c. 382 · Verified August 7, 2026

4. A statement that all persons having a claim against the decedent shall present such claim to the personal representative in the manner specified in this section on or before the later of (i) at least six months from the date of the first publication of the notice or (ii) 90 days after the personal representative mails or otherwise delivers a copy of the notice as published to the claimant; and

What was published from this source

  • creditorClaims.publication = at least six months from first publication
  • creditorClaims.actualNotice = 90 days after actual notice, whichever is later

Conditions checked against the live text

Each condition below must be found in the page as the publisher currently serves it. If any one of them stops matching, the build fails and the figure is withheld rather than published from memory.

  • representative may publish notice upon qualification
  • notice published once a week for two consecutive weeks
  • present on or before later of six months from first publication or 90 days after actual notice
  • untimely claim caps representative and surety liability to remaining assets

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Virginia source decision map

How the Virginia records fit together

The source record is most useful when each citation has a job. This map links the Virginia procedure, cost, compensation, and deadline records to the decision each one can and cannot answer.

QuestionRecorded Virginia answerCarry into the case
What route is being screened?Small asset affidavitConfirm that the will, prior appointment, family facts, and asset titles fit this route.
What property and basis count?personal probate property only; gross value for this route.Keep real property, liens, beneficiary transfers, and survivorship transfers classified separately.
What is the amount screen?$75,000Use the counted property, not a bank-balance shortcut.
What is the time or deadline record?60 days after death; When a Virginia personal representative publishes notice to creditors, claims must be presented by the later of six months from first publication or 90 days after actual notice is mailed to a known disputed claimant (Va. Code § 64.2-508.1). The publication and actual-notice clocks run from different events, so they are stated separately, and Virginia fixes no single nonclaim bar running from death.Keep the event that starts each clock with the date; do not combine separate periods into one number.
What does the cost record establish?1 published schedule; the proceeding and value basis control the total.Ask the Circuit Court about local surcharges, copies, publication, bond, and later filings.
What does compensation use?Virginia uses a reasonable-compensation standard rather than a fixed statutory percentage. The relevant base is the estate accounting.Keep the will, task log, receipts, and accounting base together; extraordinary work is separate.

Decision boundary

What the Virginia source set does not silently decide

The Virginia records establish the rules listed above, but they do not turn a source citation into advice about title, family priority, tax filing, contested proceedings, or the exact clerk practice in every county. Those questions stay with the official court or a qualified adviser. The useful next step is to match the question to the citation rather than treating the longest quote as the answer to every estate problem.

Arithmetic illustration

See the Virginia amount screen without mistaking it for a result

The recorded Virginia ceiling is $75,000, and it is tested against personal probate property only, on a basis this site records as gross value for this route. Counted that way, $56,300 sits below the Virginia figure and $93,800 sits above it. Both are comparisons to a published number rather than legal outcomes: two estates holding the same total can land on opposite sides of this line, because what Virginia counts and how it values it are decided before the comparison is made.

Illustrative counted amountComparison to the Virginia ceilingWhat it does not decide
$56,300Below $75,000Title, liens, waiting period, appointment, or creditor duties
$93,800Above $75,000Whether another statutory route or court process applies

Next evidence to collect

Open the quoted record for the row you rely on and check the publisher's current text before filing.

  1. Record the date of death, the county, and the exact proceeding or affidavit being considered.
  2. Classify each asset by title, beneficiary, trust, real-property status, and the value basis shown above.
  3. Open the official court material below and keep its form or schedule with the estate record.
  4. Do not distribute property until the route, creditor position, and required approvals are resolved.

Official 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.

Source trail

Records used by this Virginia map

What Virginia courts publish

The statutes on this page state the rule. These are the documents the court itself publishes. Every link is probed before release, and any link that stops resolving fails the build rather than staying on the page.

  • 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.

Checking these Virginia records against the publishers

Every citation above links to the body that publishes it, and every quoted sentence is reproduced exactly, so a text search on the publisher’s own page should land on it. Where the publisher’s current wording differs from what is recorded here, the publisher governs and this page is wrong; naming the citation and the language you see maps the difference onto a specific condition rather than a general complaint. The full procedure, including how a source qualifies in the first place and what disqualifies one, is set out once on the methodology page instead of being restated on each of the254 state records.

These records cover the cost and route questions this site answers for Virginia. They do not cover intestate succession shares, spousal and family allowances, creditor priority, tax filing obligations, real-property transfer mechanics, or contested proceedings. Where an answer would require one of those, the site says so rather than estimating.

Return to the Virginia estate guide ·All 254 records ·Dataset overview and citation ·How sources are selected