What to Do When Someone Dies in Virginia

Virginia’s probate process runs through the Circuit Court Clerk’s office, using its own specific terminology worth understanding.

How do I get a death certificate in Virginia?

Certified death certificates in Virginia are issued through the Virginia Department of Health Division of Vital Records. The funeral home typically handles ordering these on your behalf.

What does it mean for an executor to “qualify” in Virginia?

Probate in Virginia begins at the Circuit Court Clerk’s office in the county or city where the deceased lived. Virginia specifically uses the term “qualification” for the process where an executor formally receives legal authority to act on the estate’s behalf - functionally similar to what other states might call being formally appointed, or the issuance of “letters testamentary.”

Is there a simplified process for small estates in Virginia?

Yes - Virginia offers a small estate affidavit process for qualifying estates below a specific value threshold, allowing assets to be collected without full formal administration. The Circuit Court Clerk’s office can confirm whether a specific estate qualifies, since the threshold is periodically adjusted.

Does Virginia have a state estate or inheritance tax?

Virginia does not currently have a state estate tax or inheritance tax. Since state tax law can change over time, confirming current status with an accountant remains worthwhile for larger or more complex estates.

Where can I get help?

• Virginia Department of Health for death certificate questions
• The Circuit Court Clerk’s office in the relevant county or city for probate and qualification questions
• Virginia State Bar for attorney referrals, including estate and probate specialists

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