Virginia timeline
Virginia probate timeline: the 60-day wait and when creditor claims close
The simplified route starts 60 days after death.
In Virginia, a published notice must give creditors at least six months, or 90 days after mailed notice if later; each clock is set out below against the event it runs from.
Sources reviewed August 7, 2026. Sources rechecked October 3, 2026. This page last revised .
The one date this page can source
The small asset affidavit route requires 60 days to elapse from the date of death. This is a precondition: the affidavit or petition cannot be presented before it runs, regardless of how straightforward the estate is.
Source: Va. Code § 64.2-601, Code of Virginia, Small Asset Affidavit(Virginia General Assembly; Section history through 2026, c. 40). Rule taken from it: Small-estate limit: $75,000; Waiting period: 60 days; Property the route covers: personal property only.
The section’s own words
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;
Creditor deadlines
- From publication of notice to creditors
- Upon qualification the personal representative may publish notice to creditors once a week for two consecutive weeks, and the published notice must require every claim to be presented on or before at least six months from the date of first publication (Va. Code § 64.2-508.1(B), (C)(4)).
- From actual notice to a known creditor
- A person the personal representative personally delivers or mails a copy of the notice to must present the claim by the later of the six-month publication date or 90 days after that copy is mailed or delivered (Va. Code § 64.2-508.1(C)(4)).
How these combine. Virginia does not set a single claim-bar date. Publishing notice is optional; when the personal representative does publish, the notice must state a presentation deadline that is the LATER of at least six months from first publication or, for a person mailed or delivered a copy, 90 days after that copy is sent (Va. Code § 64.2-508.1(C)(4)). The effect of the deadline is not to extinguish a late claim but to cap the personal representative's and surety's liability for it to the estate assets still on hand when payment is demanded (§ 64.2-508.1(F)). No separate universal nonclaim period runs from appointment or from the date of death.
Source: Va. Code § 64.2-508.1(C)(4), Code of Virginia, Notice to Creditors for Presentation of Claims(Virginia General Assembly; Section history through 2026, c. 382). Rule taken from it: 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.
The section’s own words
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
General sequence: first week, how long probate takes.
Sources rechecked October 3, 2026: Virginia source list · how sources are checked · report a correction