Virginia Co-Fiduciaries: How Is the Fee Split?

Quick answer: No, Virginia co-fiduciaries don't each collect their own full commission. Commonly published Commissioner of Accounts guidance treats a single guideline commission as the starting point — "compensation is usually divided equally among co-fiduciaries." Co-fiduciaries may agree among themselves on a different split, and if they can't agree, the Commissioner may hold a hearing to sort it out. Estimate the underlying guideline first with the Virginia executor fee calculator.

The default: equal shares of one commission

Commissioner of Accounts guidance (Fairfax, Henrico, and similar circuits): "If there are co-fiduciaries, generally, one fee will be divided equally among them... Compensation is usually divided equally among co-fiduciaries." This is genuinely different from states that give each co-executor a separate full commission (like Florida or New York) — the Virginia default starts from one pool, split evenly.

Co-fiduciaries can agree to something else

Commissioner guidance: "fiduciaries may agree among themselves on a different division" of the fee — an equal split is the default, not a mandatory rule. If one co-fiduciary genuinely did more of the work, the co-fiduciaries can agree to reflect that in how they divide the single commission.

The Commissioner resolves real disputes

Commissioner guidance: "If there is a dispute concerning the division of the fee, the Commissioner may hold a hearing to resolve the dispute" — consistent with the Commissioner's broader role reviewing every fiduciary's accounting, disputes over how co-fiduciaries split their single commission get the same kind of case-by-case review as reasonableness questions generally.

The underlying guideline doesn't grow with more fiduciaries

Because the starting point is one commission calculated the same way it would be for a sole fiduciary, adding a second or third co-fiduciary doesn't create additional guideline compensation for the estate to pay — it changes how the single amount gets divided among the people serving, not the total available.

Worked example

Two siblings serve as co-fiduciaries of a Virginia estate with a $500,000 inventory value, producing a $24,000 guideline commission for a sole fiduciary.

Approach	Sibling A	Sibling B	Total
Default equal split	$12,000	$12,000	$24,000
Co-fiduciaries agree to an uneven split (A did more work)	$18,000	$6,000	$24,000

The total stays at $24,000 in both scenarios — only the division between the two co-fiduciaries changes, whether by the equal-split default or by their own agreement.

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Virginia co-fiduciaries — frequently asked questions

Do Virginia co-fiduciaries each get a full guideline commission?

No. Commissioner of Accounts guidance commonly treats one guideline commission as the starting point, usually divided equally among co-fiduciaries — not a separate full commission for each person.

Can Virginia co-fiduciaries agree to a different split than equal shares?

Yes. Co-fiduciaries may agree among themselves on a different division of the compensation instead of the default equal split.

What happens if Virginia co-fiduciaries disagree about how to split the fee?

Absent an agreement, the Commissioner of Accounts may hold a hearing to resolve the dispute and determine each co-fiduciary's entitlement.

Does adding a co-fiduciary increase the total Virginia executor fee available?

No — the guideline calculates one commission the same way it would for a sole fiduciary, so adding co-fiduciaries changes the division, not the total.

How is Virginia's co-fiduciary default different from states like Florida or New York?

Virginia's default starts from one commission pool split equally among co-fiduciaries, whereas some other states give each co-executor a separate full commission.

Estimate for general guidance only, not legal advice. Based on commonly published Commissioner of Accounts guidance on co-fiduciary compensation. These guidelines are not binding law; your circuit's Commissioner of Accounts has final authority to determine reasonableness and resolve disputes over division. Consult a Virginia probate attorney to resolve a specific dispute over compensation between co-fiduciaries.