How Much Does Probate Cost in Virginia

how much does probate cost in virginia is one of the first questions families ask after a death, and the honest answer is: less than most people fear. Virginia does not use a percentage-based court fee like some states. Instead, the Commonwealth charges a modest probate tax plus small clerk fees.

Probate is simply the court process of proving a will and giving someone legal authority to settle the estate. That person is called the executor if named in a will, or the administrator if not. For a typical $300,000 estate, the court-side cost often lands near $400 to $500. Professional help, if you hire it, is what actually moves the number.

The Virginia probate tax: 10 cents per $100

Virginia’s main probate charge is a state probate tax. Under Va. Code § 58.1-1712, the rate is 10 cents for every $100 of estate value, or any fraction of $100. That works out to $1 per $1,000. However, the tax does not apply at all to estates valued at $15,000 or less.

Cities and counties may add a local probate tax under § 58.1-1718. That local add-on is capped at one-third of the state amount, or about 3.33 cents per $100. So the combined worst case is roughly 13.3 cents per $100 of value. Most Virginia localities do impose it.

Importantly, the tax is based on probate assets only. Life insurance with a named beneficiary, retirement accounts, payable-on-death bank accounts, and property held jointly with survivorship rights usually pass outside probate. As a result, many Virginia estates are taxed on far less than the family’s total net worth.

How much does probate cost in Virginia: a line-by-line breakdown

Here are the typical court-side charges. Clerk fees come from Va. Code § 17.1-275.

For example, take a $300,000 probate estate in a county with the local tax. The state tax is $300 and the local tax is $100. Add a $30 qualification fee, an $8 technology fee, and a few dollars in page and copy charges. The total is roughly $445. That is the real answer to how much does probate cost in virginia at the courthouse level.

There is a second, ongoing cost: the Commissioner of Accounts. This is a local attorney appointed by the circuit court to review estate paperwork. You file an inventory within four months of qualifying, then annual accountings. The commissioner charges a filing fee that scales with estate size, and the statewide uniform guidelines cap the fee for any single account at $8,250. For mid-size estates, expect a few hundred dollars per filing.

Ways many Virginia families lower the cost

The cheapest probate is often no probate. Virginia’s Small Estate Act helps here. Under Va. Code § 64.2-601, if the entire personal probate estate is $75,000 or less, the known successors can collect assets using a small estate affidavit. At least 60 days must have passed since the death, and no personal representative application can be pending. The form comes from the Supreme Court of Virginia (Form CC-1685).

There is an even simpler path. Under § 64.2-602, a bank or other holder may release a single small asset worth $35,000 or less to a successor once 60 days have passed, with no affidavit required. Both routes skip the qualification fee entirely, though the probate tax may still apply if a will is recorded.

Executor pay is another cost worth understanding. Virginia has no fixed statutory rate, but the Commissioners of Accounts follow published guidelines: generally 5% of the first $400,000 of principal, 4% of the next $300,000, 3% of the next $300,000, and 2% above $1 million, plus 5% of income receipts. A family member serving as executor may waive this fee, which is common and can save thousands. Attorney fees are separate and negotiated; they are typically hourly in Virginia, not a percentage.

One piece of good news: Virginia repealed its state estate tax effective July 1, 2007, and has no inheritance tax. So state death taxes add nothing to how much does probate cost in virginia. Federally, the estate tax exemption is $15 million per person in 2026, so the vast majority of estates owe nothing there either.

Frequently Asked Questions

How much does probate cost in Virginia for a $100,000 estate?

Typically around $160 to $180 in court charges. That includes $100 state probate tax, up to $33 local tax, a $25 qualification fee, and small page and copy charges. Commissioner of Accounts filing fees come later and are separate.

Who pays these costs?

In most cases, the estate pays, not the executor personally. However, the executor often fronts the clerk fees on the day of qualification and is reimbursed from estate funds. Keep every receipt for the accounting.

Can I avoid probate in Virginia entirely?

Sometimes, yes. Beneficiary designations, joint ownership with survivorship, transfer-on-death deeds, and living trusts move assets outside probate. However, whether that fits your situation depends on your assets, so check with your circuit court clerk or a licensed Virginia attorney.

Sources & How to Verify

This guide is built from official sources. Always confirm the exact figure for your state:

• IRS — Estate & Gift Tax: irs.gov
• USA.gov — What to do when someone dies: usa.gov/death
• Uniform Law Commission (probate): uniformlaws.org
• Cornell Legal Information Institute: law.cornell.edu
• Your state’s probate court self-help portal and revenue department for the current statute and dollar figures.

Verified August 2026. Estate figures change — if you spot anything outdated, please contact us.

Related Guides

• Probate by State
• Dying Without a Will by State
• Small Estates & Avoiding Probate by State
• Plain-English Estate Glossary

Disclaimer. This page is for general information only and is not legal or tax advice. Wills, probate, and estate-tax rules vary by state, county, and situation, and change over time. We are not a law firm, tax advisor, or financial planner, and we assume no liability for accuracy or completeness. For your specific situation — especially an active probate or a tax deadline — verify with your state’s court, statute, revenue department, or a licensed attorney in your state.