Simplified route
$75,000
The entire personal probate estate must not exceed $75,000, and no personal representative application may be pending or granted.
Eligibility and caveatsVirginia estate administration
Virginia small-estate limit: $75,000
Virginia permits successors to collect a qualifying personal probate estate by affidavit after 60 days.
Sources reviewed August 7, 2026
Answer first
Small asset affidavit
The entire personal probate estate must not exceed $75,000, and no personal representative application may be pending or granted.
Read the eligibility detailsWhat the reviewed rules establish
Court cost
Tiered
Qualifying a personal representative costs nothing at $5,000 or less, then $20, $25, or $30 by estate value.
Filing-cost detailExecutor compensation
Court-reviewed
Virginia uses a reasonable-compensation standard rather than a fixed statutory percentage.
Compensation detailLimits and unresolved costs
- The affidavit concerns personal probate property.
- A will must be duly probated when one exists.
- Attorney fees, bond premiums, publication, certified copies, tax work, and asset-sale costs are not included unless expressly shown.
- Asset title, beneficiary designations, creditor claims, and will terms can change the route.
Use this as a starting point.
This is general information, not legal, tax, or financial advice, and it does not create an attorney-client relationship. Probate law varies by state and county and changes over time. Verify the current rule with the court or a licensed attorney in the relevant state.
Continue
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 assesses a separate local probate tax that is not part of the clerk fee shown here.
Primary sources
Each legal input links to the government source reviewed for this page. Source text can change; confirm the current rule before acting.
Va. Code § 64.2-601
Reviewed source note: 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;
Va. Code § 17.1-275(A)(3)
Reviewed source note: 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.
Va. Code § 64.2-1208(A)
Reviewed source note: 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.