How does probate work in Virginia?

The will is offered in the circuit court of the county or city where the decedent resided (Va. Code § 64.2-443); the personal representative qualifies, gives written notice of the probate within 30 days (Va. Code § 64.2-508), returns an inventory to the Commissioner of Accounts within four months (Va. Code § 64.2-1300(A)) and accounts within 16 months (Va. Code § 64.2-1304).

Virginia Probate, Explained

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What is probate?

Probate is the court process that settles a deceased person's estate — admitting any will, qualifying an executor or administrator, paying valid claims and expenses, and distributing what remains to the heirs or beneficiaries. In Virginia the circuit court of the county or city where the decedent resided hears it (Va. Code § 64.2-443), and its Commissioner of Accounts supervises the personal representative's inventory and accounts (Va. Code § 64.2-1200). Assets that pass another way (a funded Trust, beneficiary designations, property held with right of survivorship) generally skip probate.

The main types of Virginia probate

Admission of the will and the fiduciary's appointment

After the death, the will is offered in the circuit court or before its clerk, and the executor the will names — or an administrator with the will annexed (Va. Code § 64.2-500) — qualifies; within 30 days the personal representative gives written notice of the probate to the spouse, the heirs and the will's beneficiaries (Va. Code § 64.2-508), and within four months returns an inventory to the Commissioner of Accounts (Va. Code § 64.2-1300(A)).

Administration and the estate's clocks

An administration runs on the statutes' clocks: the personal representative may publish a notice to creditors, claims due by the later of at least six months after the first publication or 90 days after a copy reaches a known claimant (Va. Code § 64.2-508.1); the surviving spouse elects within six months after probate (Va. Code § 64.2-308.12); the first account is due within 16 months of qualification, then within four months after each later year (Va. Code § 64.2-1304). A living trust itself is administered without court supervision unless the court orders it (Va. Code § 64.2-710).

Small estates

Where the decedent's entire personal probate estate is $75,000 or less, a holder pays a small asset to a designated successor on the successors' affidavit, at least 60 days after the death (Va. Code § 64.2-601); where the personal estate does not exceed $35,000 and the person qualifying is an heir, a beneficiary or a creditor whose claim exceeds the estate's value, the clerk waives the inventory and the settlement (Va. Code § 64.2-1302).

What happens in a Virginia probate

Offer the will in the circuit court of the county or city where the decedent resided (Va. Code § 64.2-443); a will lodged for safekeeping with the clerk during the testator's life is held there until the death (Va. Code § 64.2-409).
At qualification, give written notice of the probate within 30 days to those the statute names, and record the affidavit of notice within four months (Va. Code § 64.2-508); file the list of heirs (Va. Code § 64.2-509).
Within four months after qualifying, return an inventory to the Commissioner of Accounts, each item at its value on the date of death (Va. Code § 64.2-1300(A)).
Consider publishing the notice to creditors (Va. Code § 64.2-508.1); pay the valid claims, taxes and administration expenses, the family allowance, exempt property and the homestead allowance coming first (Va. Code §§ 64.2-309, 64.2-310, 64.2-311); the surviving spouse's election comes within six months after probate (Va. Code § 64.2-308.12).
Distribute what remains and account to the Commissioner of Accounts: the first account within 16 months of qualification, then within four months after each later 12-month period (Va. Code § 64.2-1304); after six months from qualification the court may order creditors to show cause against distribution (Va. Code § 64.2-556).

Can you avoid probate in Virginia?

Often, in part — a funded revocable living Trust, beneficiary or pay-on-death designations and property held with a right of survivorship generally pass outside probate, and a small asset of an estate of $75,000 or less may be collected by affidavit (Va. Code § 64.2-601). What works depends on how each asset is titled. This page is general information, not legal advice; a free role check can show you where you stand, and a Virginia attorney can advise on your estate.

General information about Virginia law, not legal advice.

Frequently asked questions

How does probate work in Virginia?: The will is offered in the circuit court of the county or city where the decedent resided (Va. Code § 64.2-443); the personal representative qualifies, gives written notice of the probate within 30 days (Va. Code § 64.2-508), returns an inventory to the Commissioner of Accounts within four months (Va. Code § 64.2-1300(A)) and accounts within 16 months (Va. Code § 64.2-1304).
Is there a small-estate procedure in Virginia?: Yes. Where the decedent's personal probate estate is $75,000 or less, a holder pays a small asset to a designated successor on the successors' affidavit at least 60 days after the death (Va. Code § 64.2-601); the clerk may also waive the inventory and settlement for a personal estate of $35,000 or less (Va. Code § 64.2-1302).
Do Virginia creditors have a deadline in probate?: A personal representative may publish a notice to creditors; claims are then due by the later of at least six months after the first publication or 90 days after a copy reaches a known claimant (Va. Code § 64.2-508.1).

General information about Virginia law, not legal advice.