Quick answer: Virginia probate has a reasonable executor fee set by the Commissioner of Accounts (guideline: 5% of the first $400,000), a similar attorney fee, a modest clerk qualification fee, and — the Virginia twist — a state probate tax of $0.10 per $100. On a $500,000 estate expect ~$24,000 executor + attorney fee + ~$500 state tax (plus ~$167 local). Get your own figure with the Virginia probate cost calculator.
The executor fee — Commissioner of Accounts guideline
Virginia sets no statutory percentage; Va. Code § 64.2-1208 only requires "reasonable compensation," approved by the Commissioner of Accounts. The commonly used guideline:
| Portion of probate assets | Rate |
|---|---|
| First $400,000 | 5% |
| Next $300,000 | 4% |
| Next $300,000 | 3% |
| Above $1,000,000 | 2% |
The Virginia probate tax — the twist
| Estate value | State probate tax | + Local (1/3) |
|---|---|---|
| $100,000 | $100 | $33 |
| $500,000 | $500 | $167 |
| $1,000,000 | $1,000 | $333 |
Worked total examples
| Estate value | Executor | Attorney | Probate tax | Clerk + misc | Approx. total |
|---|---|---|---|---|---|
| $100,000 | $5,000 | $3,500 | $133 | $225 | ≈ $8,858 |
| $500,000 | $24,000 | $6,000 | $667 | $230 | ≈ $30,897 |
| $1,000,000 | $41,000 | $9,000 | $1,333 | $230 | ≈ $51,563 |
Probate tax = state + local (1/3). Clerk + misc = qualification fee + recording + copies. If the executor waives the fee, subtract that column. Run your own numbers in the calculator.
How to reduce Virginia probate costs
- Use the small estate affidavit for personal property up to $75,000 (after 60 days) under § 64.2-601.
- Executor waives the fee if a family member and beneficiary.
- Keep a clean accounting — the Commissioner can reduce a fee for a disorganized one.
- A living trust avoids probate and the probate tax entirely.