Virginia Probate Cost Calculator, Free

Q: How long does probate take in Virginia?

Most Virginia estates take about 8 to 14 months, shaped by the inventory (due within 4 months) and the first accounting (due within 16 months), plus the 6-month period for creditor protection.

How probate costs work in Virginia

Probate in Virginia runs through the Circuit Court Clerk where the person lived — Fairfax, Virginia Beach, Chesapeake, Richmond, Loudoun, Prince William and the state's cities and counties — with the accounting audited by a Commissioner of Accounts. Virginia is unusual on two counts: the executor fee is set by the Commissioner (not the court, and not a statute), and Virginia charges a state probate tax on the estate's value.

1. Executor fee — the Commissioner of Accounts guideline

Va. Code § 64.2-1208: the fiduciary is entitled to reasonable compensation — no statutory percentage. The Commissioner of Accounts for the circuit reviews the accounting and applies a published guideline, commonly: 5% of the first $400,000, 4% of the next $300,000, 3% of the next $300,000, and 2% above $1 million, plus 5% of income receipts. On a $700,000 estate that's about $32,000.

It's a guideline, not a rule — each estate is judged on its facts, and a poorly kept accounting can reduce the fee. Family members serving as executor often waive it.

2. Attorney fees — also reasonable

Attorney compensation is likewise "reasonable" (also under § 64.2-1208 oversight), reviewed by the Commissioner — a separate cost from the executor fee, often billed hourly or as a percentage.

3. The Virginia probate tax — the twist

Va. Code § 58.1-1712: a state probate TAX of 10 cents per $100 of the estate's value, with the first $15,000 exempt. Localities may add an optional local probate tax equal to one-third of the state tax (about 3.3¢ per $100) under § 58.1-1718. On a $500,000 estate that's about $500 state + $167 local.

4. Clerk qualification & other costs

Circuit Court qualification fee (§ 17.1-275(A)(3)) — $0 up to $5,000; $20 up to $50,000; $25 up to $100,000; $30 over $100,000.
Recording & certified copies — small per-page and per-copy charges.
Bond — may be required (§ 64.2-504), often waived by the will.
No newspaper publication to notify heirs — Virginia uses direct notice within 30 days (§ 64.2-508).

5. When probate can be simplified in Virginia

Small estate affidavit — for personal property of $75,000 or less, after a 60-day wait, under § 64.2-601 (real property excluded, no filing fee).
Living trust, joint tenancy, POD/TOD — bypass probate entirely.

Note: Virginia has no estate tax and no inheritance tax.

Cost component	Virginia figure	Source
Executor fee	COA guideline; 5% first $400k	§ 64.2-1208
Attorney fee	Reasonable; COA-reviewed	§ 64.2-1208
State probate tax	$0.10/$100 over $15k	§ 58.1-1712
Local probate tax	1/3 of state (optional)	§ 58.1-1718
Qualification fee	$0 / $20 / $25 / $30 by tier	§ 17.1-275
Small estate limit	$75,000 (personal property)	§ 64.2-601
State estate / inheritance tax	None	Virginia Tax

Virginia probate cost — frequently asked questions

How much does probate cost in Fairfax / Virginia Beach?

The executor fee guideline and the probate tax are statewide, but the Commissioner of Accounts is appointed circuit by circuit, so the exact guideline is a local document. In Fairfax, Virginia Beach, Richmond or Loudoun, a $500,000 estate has about a $24,000 COA-guideline executor fee, a similar-order attorney fee, roughly $500 state probate tax (plus ~$167 local), and a $30 qualification fee. Ask the local Commissioner for the current guideline.

What is the Virginia probate tax?

It's a state tax of 10 cents per $100 of the estate's value, with the first $15,000 exempt (Va. Code 58.1-1712), plus an optional local tax equal to one-third of that where the locality has adopted it (58.1-1718). It's separate from the executor fee and the clerk's qualification fee. On $500,000, that's about $500 state and $167 local.

Who decides the executor fee in Virginia?

The Commissioner of Accounts for the circuit — a court-appointed officer who audits the estate accounting. Va. Code 64.2-1208 only says "reasonable compensation"; the Commissioner applies a published guideline (commonly 5% of the first $400,000, declining). Because commissioners are appointed locally, the guideline can vary, so confirm it with the one for your circuit.

What is the small estate limit in Virginia?

$75,000 or less in personal property (real property excluded) can use the small estate affidavit under Va. Code 64.2-601, after a 60-day waiting period, with no court filing fee.

How long does probate take in Virginia?

Most Virginia estates take about 8–14 months, shaped by the inventory (due within 4 months) and the first accounting (due within 16 months), plus the 6-month period for creditor protection.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Virginia sets no statutory fee percentage; the executor and attorney fees are "reasonable" under Va. Code § 64.2-1208 and approved by the Commissioner of Accounts, whose guideline (commonly 5% of the first $400,000) varies by circuit. The state probate tax is $0.10 per $100 over $15,000 (§ 58.1-1712), with an optional local tax of one-third (§ 58.1-1718). The small estate limit is $75,000 (§ 64.2-601). Virginia has no state estate or inheritance tax. Confirm current figures with the Circuit Court Clerk, the local Commissioner of Accounts, or a licensed Virginia attorney before acting.