How Probate Works After a Death in Virginia

Virginia’s probate process uses distinctive terminology worth understanding, alongside a small estate threshold that recently got meaningfully more useful.

Where does probate begin in Virginia?

Probate begins at the Circuit Court Clerk’s office in the county or city where the deceased lived. There, an executor formally “qualifies” - Virginia’s specific term for the process of receiving legal authority to act on behalf of the estate.

What is the current small estate affidavit threshold?

Virginia’s Small Estate Act allows heirs to collect a decedent’s personal property (excluding real estate) using a small estate affidavit when the total is $75,000 or less - raised from $50,000 effective July 1, 2025. At least 60 days must pass after death before the affidavit can be used, giving potential creditors a fair chance to come forward. See our companion piece explaining this process in more depth.

Does the small estate affidavit work with a will?

Yes, unlike some states - even if there’s a will, it can still be used, though the will must first be admitted to probate (recorded) with the Circuit Court Clerk, even though no executor needs to be formally appointed.

Is there an even simpler option for very small assets?

Yes - separately, any single asset valued at $35,000 or less can be paid or delivered directly to a successor without needing the small estate affidavit at all, once the same 60-day wait has passed.

Does Virginia have a state estate or inheritance tax?

No - Virginia does not currently have a state estate or inheritance tax - a genuine advantage for larger estates compared to neighboring states like Pennsylvania or New Jersey.

What should I do next?

If there’s a will, make sure it’s recorded with the Circuit Court Clerk even if you’re using the small estate affidavit rather than formal executor appointment. For a single modest asset like one bank account, check whether the $35,000 individual-asset provision applies before using the fuller affidavit process.

Add this to your Final Day Plan: where your will is kept, and make sure it’s easy for your family to find - Virginia’s small estate process still requires it to be recorded, even when a full executor appointment isn’t needed.

Virginia law can change, and specific circumstances vary considerably. This is general educational information, not legal advice - consult a Virginia-licensed attorney for guidance specific to your situation.