Simplified route
$75,000
Small asset affidavit; usable 60 days after death.
Eligibility and caveatsVirginia estate administration
Virginia probate: rules, process, costs, executor fees and deadlines
Small-estate limit: $75,000
In Virginia, estates up to $75,000 can use the small-estate route; executor pay is whatever the court finds reasonable (Va. Code § 64.2-1208(A)); and a published notice must give creditors at least six months, or 90 days after mailed notice if later. Virginia permits successors to collect a qualifying personal probate estate by affidavit after 60 days.
Sources reviewed August 7, 2026. Sources rechecked October 3, 2026. This page last revised .
Answer first
Virginia simplified probate route
Up to $75,000; usable 60 days after death. Source: Va. Code § 64.2-601.
Small asset affidavitNo combined Virginia probate total
The Circuit Court filing charge is statewide: priced by estate value (Va. Code § 17.1-275(A)(3)). Va. Code § 64.2-1208(A) has the commissioner of accounts, in settling the account, allow the fiduciary a reasonable compensation “in the form of a commission on receipts or otherwise”, but it prints no commission rate, so no fee can be computed from the estate value. Each side in full: Virginia probate filing cost and Virginia executor fees.
Screen a specific Virginia estate with the calculators on the small-estate page, or compare states in the full estate navigator.
What the reviewed rules establish
Court cost
Tiered
1 published schedule, itemised on the filing-cost page.
Filing-cost detailExecutor compensation
Court-reviewed
Not a percentage of the estate; the probate-total section above says how the statute measures pay. Source: Va. Code § 64.2-1208(A).
Virginia uses a reasonable-compensation standard rather than a fixed statutory percentage.
Va. Code § 64.2-1208(A), Code of Virginia, Fiduciary Compensation (Virginia General Assembly): Personal representative's compensation standard: reasonable compensation (no statutory percentage).
The section’s own words
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.
Creditor deadline
Multiple triggers
Va. Code § 64.2-508.1(C)(4) (Virginia General Assembly; reviewed August 7, 2026)
Timeline and creditor detailsStatutes read in full for Virginia
Read on the enacting state’s own site, with the date each was read.
| Citation | What reading it established | Read on |
|---|---|---|
| Va. Code § 64.2-601 (payment or delivery of small asset by affidavit), as amended through 2026, c. 40 | Virginia’s small-asset affidavit is signed by every known successor and names one of them to collect — small estate route note | 2026-10-13 |
Virginia decision map
The four facts that change the Virginia route
Each Virginia answer below links to the page that sets out its source.
| Question | Recorded Virginia answer |
|---|---|
| What route is being screened? | Small asset affidavit |
| What property and basis count? | personal probate property only; gross value for this route. |
| What is the amount screen? | $75,000 |
| What is the time or deadline record? | 60 days after death; creditor deadlines: separate clocks by triggering event |
| What does the cost record establish? | 1 published schedule; the proceeding and value basis control the total. |
| What does compensation use? | Reasonable compensation set by the court, measured on the estate accounting. |
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.
Continue
What Virginia courts publish
Each link goes to the court’s own page and is checked before every release.
- 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.
Virginia primary sources
Each rule on the Virginia pages comes from one of these 6 sources; the citation opens the publisher’s own text. All were last rechecked October 3, 2026.
Simplified-procedure rule
Va. Code § 64.2-601, Code of Virginia, Small Asset Affidavit.
- Small-estate limit: $75,000
- Waiting period: 60 days
- Property the route covers: personal property only
Court cost rule
Va. Code § 17.1-275(A)(3), Code of Virginia, Clerk Fees.
- The fee summary names $20 / $25 / $30 value bands
Executor compensation rule
Va. Code § 64.2-1208(A), Code of Virginia, Fiduciary Compensation.
- Personal representative's compensation standard: reasonable compensation (no statutory percentage)
Court cost rule
Va. Code § 58.1-1712, Code of Virginia, State Probate Tax.
- State probate tax: 10 cents per $100 of value
- State probate tax does not apply to estates of $15,000 or less
Court cost rule
Va. Code § 58.1-3805, Code of Virginia, Optional Local Probate Tax.
- Optional local probate tax: up to one-third of the state tax
Creditor deadline rule
Va. Code § 64.2-508.1(C)(4), Code of Virginia, Notice to Creditors for Presentation of Claims.
- Creditor deadline after published notice: at least six months from first publication
- Creditor deadline after actual notice: 90 days after actual notice, whichever is later
Sources rechecked October 3, 2026: Virginia source list · how sources are checked · report a correction