Virginia Probate Tax & Clerk Fees

Virginia's state probate tax — $0.10 per $100 of the estate over $15,000 — plus the optional local tax and the circuit court qualification fee.

Va. Code § 58.1-1712 FigureMyTax Editorial Team

Quick answer: Virginia's headline court cost is the probate tax under Va. Code § 58.1-1712 — 10 cents per $100 of the estate's value, with the first $15,000 exempt. Localities may add a local probate tax of one-third of that. On top there's a small circuit court qualification fee ($0–$30). All modest next to the executor and attorney fees.

The Virginia probate tax

Probate is opened with the Circuit Court Clerk where the person lived — Fairfax, Virginia Beach, Chesapeake, Richmond, Loudoun and the state's cities and counties. Unusually, Virginia charges a tax (not just a fee) on the value of the estate being probated:

Estate valueState tax ($0.10/$100)+ Local (1/3)Combined
$50,000$50$17$67
$100,000$100$33$133
$250,000$250$83$333
$500,000$500$167$667
$1,000,000$1,000$333$1,333

The first $15,000 is exempt (§ 58.1-1712). The local tax is optional, equal to one-third of the state tax, where the locality has adopted it (§ 58.1-1718).

The circuit court qualification fee

Separately, the Clerk charges a fee to qualify the personal representative (§ 17.1-275(A)(3)), tiered by estate value:

Estate valueQualification fee
$5,000 or less$0
Up to $50,000$20
Up to $100,000$25
Over $100,000$30

Other clerk costs

  • Recording & certified copies — small per-page and per-copy charges for the will, list of heirs and Letters.
  • No newspaper publication to notify heirs — Virginia uses direct notice within 30 days (Va. Code 64.2-508), which some states require by newspaper.
  • Bond premium — if a bond is required (not waived by the will), typically a fraction of a percent per year.

Where the tax sits in the total

Even on a $500,000 estate the probate tax is only ~$667 and the qualification fee $30 — the executor and attorney fees dominate. And Virginia has no estate or inheritance tax. See the whole picture in the Virginia probate cost breakdown, learn about attorney fees, or estimate your total with the Virginia probate cost calculator.

Virginia probate tax & clerk fees — frequently asked questions

How much is the Virginia probate tax?

10 cents per $100 of the estate's value, with the first $15,000 exempt, under Va. Code § 58.1-1712. Localities may add an optional local tax of one-third more.

Is the Virginia probate tax the same in every county?

The state portion is uniform statewide, but the optional local probate tax under § 58.1-1718 depends on whether that specific locality has adopted it.

How much is the Virginia circuit court qualification fee?

It's tiered: $0 for estates of $5,000 or less, $20 up to $50,000, $25 up to $100,000, and $30 above $100,000, under § 17.1-275(A)(3).

Does Virginia require newspaper publication to notify heirs?

No — Virginia uses direct notice to interested parties within 30 days under § 64.2-508, avoiding the newspaper publication cost some other states require.

Is the probate tax the biggest cost in Virginia probate?

No — even on a $500,000 estate the probate tax is only about $667 combined. The executor and attorney fees dominate the overall total.

Facing probate in Virginia?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Virginia attorney

Estimate for general guidance only, not legal advice. The Virginia probate tax is $0.10 per $100 over $15,000 (Va. Code § 58.1-1712), with an optional local tax of one-third (§ 58.1-1718). Qualification fees are set by § 17.1-275; clerks may add recording and copy charges. Confirm current figures with the Circuit Court Clerk before filing.