The Estate Planning Guide Est. 2026

Virginia Probate Fee Sheet (Printable)

By The Estate Planning Guide Editorial Team Researched against primary sources

Published August 15, 2026 5 min read

Quick answer

Virginia does not set probate attorney or executor fees by statute, so a routine uncontested estate typically runs $2,000 to $4,000 in attorney fees plus a few hundred dollars in court costs. Virginia's distinctive add-on is a state probate tax of 10 cents per $100 of estate value (plus a possible local share) — about $500 in state tax on a $500,000 estate, with no probate tax at all on estates of $15,000 or less.

⚠️ Educational information only — not legal, tax, or financial advice.

The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for Virginia with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.

This page is built to print. Use your browser's Print command and choose "Save as PDF" for a one-page Virginia reference. Every figure below is compiled from the statutes and state authorities listed at the bottom — the same sources cited on our Virginia probate pages.

Virginia probate fees

Item Virginia
Court filing fee A state probate tax of $0.10 per $100 of estate value (Va. Code §58.1-1712), plus an optional local probate tax of up to one-third of the state tax (about $0.0333 per $100). No probate tax is due on estates of $15,000 or less. Add modest clerk recording fees.
Attorney fees Not statutory. Virginia is a reasonable-fee state; attorneys typically charge a flat fee ($2,000–$4,000 for a routine estate) or an hourly rate. Fees must be reasonable and are reviewed by the local Commissioner of Accounts.
Executor / personal representative fees Reasonable compensation under Va. Code §64.2-1208. There is no fixed statutory percentage, but Commissioners of Accounts commonly allow a guideline of about 5% of receipts (tiered downward on larger estates). Family executors often waive the fee.
Fee basis reasonable
Appraisal / referee Not used. Virginia does not appoint a state appraiser; instead the personal representative files an inventory of assets with the local Commissioner of Accounts, who reviews it.

Worked example

On a $500,000 Virginia estate, a typical Commissioner of Accounts guideline yields about $24,000 (5% of the first $400,000 = $20,000, plus 4% of the next $100,000 = $4,000). Guidelines vary by jurisdiction, and the Commissioner can adjust the fee up or down for the actual work. The estate's attorney fee is separate.

Virginia thresholds and deadlines

Item Virginia
Small-estate threshold A Small Estate Affidavit under Va. Code §64.2-601 is available when the decedent's entire personal probate estate is $75,000 or less. Separately, §64.2-602 lets a holder release a small asset of $35,000 or less to a successor without an affidavit once 60 days have passed since death.
Creditor claim period Creditors generally have up to one year from the date of death to assert claims (Va. Code §64.2-528). A personal representative can shorten and cut off claims by requesting a debts-and-demands hearing before the Commissioner of Accounts under Va. Code §64.2-550, and should generally not distribute the estate within the first six months (Va. Code §64.2-556).
Typical duration About 8 to 12 months for a routine estate; often a year or more, because creditors generally have up to a year from death to file claims.
Transfer-on-death deed Virginia authorizes a transfer-on-death deed for real estate under the Uniform Real Property Transfer on Death Act, Va. Code §64.2-621 et seq. (effective 2013). An owner records a TOD deed naming a beneficiary during life, and the property passes to that beneficiary at death without probate.
Note on the creditor-claim clock. The period above does not start on the same event in every state — depending on the statute it can run from the date of death, from the date letters are issued to the personal representative, or from first publication of notice. The Virginia trigger is stated in the row above, as written in the statute.

What passes outside Virginia probate

These transfers are not part of the estate the fees above are calculated on:

  • Beneficiary designations — retirement accounts, life insurance, payable-on-death accounts.
  • Joint ownership with right of survivorship.
  • Transfer-on-death deed — Virginia authorizes a transfer-on-death deed for real estate under the Uniform Real Property Transfer on Death Act, Va. Code §64.2-621 et seq. (effective 2013). An owner records a TOD deed naming a beneficiary during life, and the property passes to that beneficiary at death without probate.
  • Assets titled into a funded living trust.

Sources for this sheet

Compiled August 15, 2026 from the sources listed above. Fee schedules, thresholds, and court costs are amended by legislatures and courts — confirm each figure against the cited statute or the Virginia court before relying on it.

The full Virginia guides

Fee sheets for other states

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This sheet sets out Virginia probate figures as published at the time of compilation. It is not legal advice. Figures and statutes change and their application depends on the specific estate. Confirm current figures with the Virginia courts or a licensed Virginia attorney.

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