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 probate: rules, process, costs, executor fees and deadlines
Small-estate limit: $75,000
This guide explains probate in Virginia: Virginia permits successors to collect a qualifying personal probate estate by affidavit after 60 days.
Sources reviewed August 7, 2026. Latest primary-source re-fetch September 15, 2026.
Answer first
Virginia simplified probate route
The entire personal probate estate must not exceed $75,000, and no personal representative application may be pending or granted.
Small asset affidavitWhat 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. Separately, Virginia levies a state probate tax of 10¢ per $100 of estate value (Va. Code § 58.1-1712), with no tax on estates of $15,000 or less, and a locality may add an optional tax equal to one-third of the state tax (Va. Code § 58.1-3805).
Filing-cost detailExecutor compensation
Court-reviewed
Virginia uses a reasonable-compensation standard rather than a fixed statutory percentage.
Compensation detailCreditor deadline
Multiple triggers
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.
Va. Code § 64.2-508.1(C)(4) (Virginia General Assembly; reviewed August 7, 2026)
Timeline and creditor detailsVirginia decision map
The four facts that change the Virginia route
Use this map before opening a form or entering a number. It keeps the Virginia amount test, time gate, court cost, and creditor record separate so one easy figure does not stand in for the whole administration.
| Question | Recorded Virginia answer | Carry into the case |
|---|---|---|
| What route is being screened? | Small asset affidavit | Confirm 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? | $75,000 | Use 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. |
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 amount | Comparison to the Virginia ceiling | What it does not decide |
|---|---|---|
| $56,300 | Below $75,000 | Title, liens, waiting period, appointment, or creditor duties |
| $93,800 | Above $75,000 | Whether another statutory route or court process applies |
Next evidence to collect
Start with the row that is still unknown, then take that question to the named court or source.
- Record the date of death, the county, and the exact proceeding or affidavit being considered.
- Classify each asset by title, beneficiary, trust, real-property status, and the value basis shown above.
- Open the official court material below and keep its form or schedule with the estate record.
- Do not distribute property until the route, creditor position, and required approvals are resolved.
Official material
- Probate in Virginia, self-help centreSupreme Court of Virginia
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
- Va. Code § 64.2-601Code of Virginia, Small Asset Affidavit; reviewed August 7, 2026
- Va. Code § 17.1-275(A)(3)Code of Virginia, Clerk Fees; reviewed August 7, 2026
- Va. Code § 64.2-1208(A)Code of Virginia, Fiduciary Compensation; reviewed August 7, 2026
- Va. Code § 58.1-1712Code of Virginia, State Probate Tax; reviewed August 7, 2026
- Va. Code § 58.1-3805Code of Virginia, Optional Local Probate Tax; reviewed August 7, 2026
- Va. Code § 64.2-508.1(C)(4)Code of Virginia, Notice to Creditors for Presentation of Claims; reviewed August 7, 2026
Limits and unresolved costs
- The affidavit concerns personal probate property.
- A will must be duly probated when one exists.
- Virginia imposes a STATE probate tax of 10¢ per $100 of the estate's value under Va. Code § 58.1-1712 (value measured under § 58.1-1713). It does not apply to estates of $15,000 or less. This is a state charge, not merely a local or optional one.
- On top of the state tax, Va. Code § 58.1-3805 lets any county or city add an optional LOCAL probate tax equal to one-third of the state tax. The two taxes are separate, and both are distinct from the clerk's appointment fee shown above.
- 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'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.
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.
Va. Code § 58.1-1712
Reviewed source note: 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.
Va. Code § 58.1-3805
Reviewed source note: 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
Va. Code § 64.2-508.1(C)(4)
Reviewed source note: 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