Virginia Probate Real Estate Sale Calculator

Selling a Virginia probate house

Enter the estate's inventory value to see the typical fiduciary fee.

Does the will specifically direct the executor to sell the real estate?

Estate inventory value (or sale price)

Include a 6% realtor commission?

Estimated cost of this Virginia probate sale

Do I need court approval? →

Facing probate in Virginia?

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

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Real estate usually bypasses the executor completely

What makes Virginia different: under Va. Code §64.2-521, real estate generally vests directly in the heirs or devisees at the moment of death — the personal representative has no authority over it at all, unless the will specifically devises the real estate to be sold. Only then does the executor gain the power to sell and convey the property.

A dual fee: income, plus a tiered principal schedule

Virginia has no fixed statutory percentage. Under Va. Code §64.2-1208's "reasonable compensation" standard, the Commissioner of Accounts typically applies 5% of income receipts (not counting capital gains) each accounting period, plus a tiered fee on the inventory value: 5% of the first $400,000, 4% of the next $300,000, 3% of the next $300,000, and 2% on the balance above $1 million.

A uniquely Virginia oversight role

A Commissioner of Accounts — a practicing attorney appointed by the Circuit Court, not a judge — reviews every inventory and accounting for exact accuracy. No other state runs a system quite like it.

No state estate or inheritance tax

Virginia imposes neither, simplifying the picture compared to some neighboring states. See Capital Gains Tax on the Sale for what still applies to the gain itself.

Nothing happens before qualification

A person named as executor has no power to act — apart from arranging the burial and paying reasonable funeral expenses — until they formally qualify before the Circuit Court Clerk.

Virginia probate real estate sale — frequently asked questions

Does a Virginia executor automatically have authority to sell the house?

Not necessarily — Virginia real estate generally vests directly in the heirs or devisees at death, bypassing the personal representative entirely, unless the will specifically directs the executor to sell it. Only then does the executor gain the power to sell and convey the property.

How much does a Virginia personal representative get paid for selling the house?

There's no fixed statute, but the Commissioner of Accounts typically applies a widely used guideline: 5% on the first $400,000 of estate value, 4% on the next $300,000, 3% on the next $300,000, and 2% on the balance above $1 million.

What is a Commissioner of Accounts?

A court-appointed attorney, unique to Virginia among US states, who reviews and approves every estate's inventories and accountings for accuracy — down to the penny — rather than a judge handling that oversight directly.

Does Virginia have its own estate or inheritance tax on the sale?

No — Virginia imposes neither a state estate tax nor an inheritance tax, simplifying the tax picture compared to several neighboring states.

What is Virginia's state tax rate on the sale's gain?

Up to 5.75%, Virginia's top income tax bracket, which kicks in at a relatively low income level. Capital gains are taxed as ordinary income with no separate, lower rate.

Same Code, every Circuit Court

Fairfax, Virginia Beach, and Richmond each handle qualification through their own Circuit Court Clerk's Office, but Va. Code §64.2-521's vesting rule and the §64.2-1208 fee guideline apply identically statewide.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Figures are based on Va. Code §64.2-521, 64.2-1208, and typical Commissioner of Accounts fee guidelines. Actual costs depend on the estate's own facts. Confirm current figures with the Circuit Court Clerk, the Commissioner of Accounts, or a licensed Virginia attorney before acting.