Executor Checklist for Virginia: Complete 2026 Probate Guide

Your mother passed away last month in Richmond. You're named executor in her will, and you've been told you need to go to the Circuit Court to "qualify" — not "get appointed," but "qualify." Already, the language feels unfamiliar. Then someone mentions a Commissioner of Accounts who will audit your work, and you realize Virginia probate has its own vocabulary and its own system. You need Virginia-specific answers.

This is your step-by-step Virginia executor checklist — every form, every deadline, every fee, specific to how Virginia probate actually works in 2026. If you're looking for a general overview of the executor role first, start with our Executor's Complete Guide to Probate and come back here for the Virginia details.

Important: This guide is for informational purposes only and does not constitute legal advice. Probate laws are complex and vary by county and city within Virginia. Always consult with a licensed attorney authorized to practice law in Virginia before making legal or financial decisions about an estate.

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Quick Reference: Virginia Probate Court Contact

Virginia Circuit Court — Clerk's Office (Probate) Website: vacourts.gov/forms/circuit/probate.html Phone: Varies by jurisdiction (contact your local Circuit Court Clerk) Filing Fee: $50 -- $300 Small Estate Threshold: $75,000 (personal property) Creditor Period: 1 year from qualification Inheritance Tax: None Estate Tax: None

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Your Virginia Executor Checklist

Step 1: Immediate Actions (First 7 Days)

Before you set foot in the Circuit Court, there are things that need to happen right away. These protect the estate and protect you.

Order death certificates. You'll need more than you think. Order 10-15 certified copies from the Virginia Department of Health, the local registrar, or the funeral home. Banks, insurance companies, the DMV, and brokerage firms each want their own original. In Virginia, certified copies cost about $12 each — less expensive than most states, but running out later means delays.

Secure the property. If the deceased owned a home, make sure it's locked, the mail is being collected, and nothing is deteriorating. Check that homeowner's insurance is current — policies can lapse quickly after a death. If there are vehicles, make sure they're parked safely and insured.

Locate the original will. You need the original, not a copy. Check the deceased's home, their attorney's office, and any safe deposit box. In Virginia, wills can be filed with the Circuit Court Clerk for safekeeping during the person's lifetime. Some attorneys in Virginia retain original wills in their office vault — check there early.

Notify immediate family. Let beneficiaries and close family members know you've been named executor and will be managing the probate process. You don't need to share financial details yet — just that you're handling things and will keep them informed. Setting expectations early reduces the communication burden significantly.

Gather financial records. Start collecting bank statements, investment account information, mortgage documents, credit card statements, tax returns, and insurance policies. Virginia's Commissioner of Accounts will scrutinize your accounting later, so the more organized you are now, the smoother the entire process will be.

Step 2: Determine If Full Probate Is Required

Not every Virginia estate needs formal probate. Before you file anything, check whether the estate qualifies for a simplified procedure.

Small estate affidavit (Code of Virginia § 64.2-601). If the deceased's personal property (not counting real estate) is valued at $75,000 or less and at least 60 days have passed since death, a beneficiary or heir can use a small estate affidavit to collect assets without going through probate. This is a significant threshold increase that Virginia enacted in recent years.

Transfer without qualification. For very small estates, certain assets can be transferred without any court involvement at all. Joint accounts, payable-on-death accounts, and assets with named beneficiaries pass outside of probate automatically.

Real estate complicates things. If the estate includes real property in Virginia, you'll generally need to go through the qualification process regardless of the estate's total value. Real estate cannot be transferred by small estate affidavit.

If the estate exceeds these thresholds or includes real estate, you're looking at formal probate — which in Virginia is called "qualification."

Step 3: File the Will and Petition for Probate

Virginia calls this process "qualification" rather than "appointment," and it happens at the Circuit Court Clerk's Office.

Present the will to the Circuit Court Clerk. File the original will with the Clerk of the Circuit Court in the city or county where the deceased lived. The Clerk's Office handles probate in Virginia — there's no separate probate court.

Qualify as executor. In Virginia, you don't just get "appointed" — you qualify. This involves appearing before the Clerk (or a deputy clerk), taking an oath, and providing the required documentation. You'll need the original will, a certified death certificate, and identification. Virginia is efficient here — in many jurisdictions, you can qualify and receive your Certificate of Qualification on the same day you file.

Pay the filing fee. Virginia probate filing fees range from $50 to $300, depending on the type and value of the estate. This is among the most affordable in the country.

Post a surety bond (unless waived). Virginia requires executors to post a surety bond unless the will specifically waives it. If the will includes language like "I direct that no bond be required," you're exempt. If a bond is required, the amount is typically set at the estimated value of the estate's personal property, and the premium comes from estate funds.

Receive your Certificate of Qualification. This is Virginia's version of Letters Testamentary. It's your official authority to act on behalf of the estate — to access bank accounts, deal with creditors, manage property, and handle all estate business. Virginia's same-day qualification process is one of the fastest in the country.

For context on what the overall process looks like step by step, our general executor checklist covers the phases that apply in every state.

Step 4: Publish Notice and Notify Creditors

Virginia law requires you to give creditors and the public notice that the estate is being administered.

Publish a notice. Virginia requires publication of a notice to creditors in a newspaper once a week for 2 successive weeks (Virginia Code Section 64.2-556). The notice alerts unknown creditors that probate is underway and that they need to file their claims.

Send direct notice to known creditors. Mail notice to every creditor you're aware of. This triggers their deadline to file claims against the estate.

The creditor claim window: 1 year. Creditors may file claims up to 1 year from the date of the executor's qualification (not from death). The executor initiates the "Debts and Demands" process through the Commissioner of Accounts (Code 64.2-552). This is one of the longer creditor periods in the country. You should not make final distributions until this window closes and all valid claims are addressed. Understanding how debt works after someone dies will help you evaluate which claims are legitimate.

Notify beneficiaries and heirs. Virginia law requires you to notify all beneficiaries named in the will and all heirs who would inherit under intestate succession. Beneficiaries have specific legal rights, including the right to receive information about the estate.

Step 5: Inventory and Appraise Assets

Virginia requires a detailed inventory filed within a specific timeframe, and the Commissioner of Accounts will review it.

File an inventory within 4 months. You have 4 months from the date of qualification to file a complete inventory of the estate's assets with the Commissioner of Accounts. Use Form CC1670 for inventory instructions. The inventory must list every asset and its fair market value as of the date of death.

Get professional appraisals. For real estate, business interests, and valuable personal property, you'll need professional appraisals. Virginia doesn't require a court-appointed appraiser — you select and hire your own qualified appraiser. Use certified professionals for significant assets.

Report all assets accurately. The Commissioner of Accounts will review your inventory for completeness and accuracy. Undervaluing assets or omitting items can lead to serious problems later. When in doubt, disclose everything and get a professional valuation.

Distinguish between probate and non-probate assets. Not everything the deceased owned goes through probate. Joint accounts, beneficiary designations, and trust assets pass outside of probate. Your inventory should focus on probate assets, but the Commissioner of Accounts may ask about non-probate assets as well for tax purposes.

Step 6: Pay Debts, Taxes, and Expenses

Once creditor claims come in, handle them methodically and keep impeccable records.

Evaluate creditor claims. Review each claim carefully. You can accept valid claims, negotiate settlements, or reject claims you believe are invalid. Document your reasoning for every decision — the Commissioner of Accounts will review your choices.

Virginia has no state estate or inheritance tax. This is genuinely good news. Virginia does not impose its own estate tax or inheritance tax. You only need to worry about federal estate tax if the estate exceeds the federal exemption — currently $15 million (adjusted periodically for inflation). The vast majority of Virginia estates owe zero estate tax.

File the decedent's final income tax returns. The deceased's final federal and Virginia state income tax returns are due by April 15 of the year following death. Virginia does have a state income tax, so you'll need to file both. If the estate generates income during administration (rental income, dividends, interest), you'll also need to file a separate estate income tax return (federal Form 1041 and Virginia Form 770).

Pay valid debts in the correct order. Virginia law specifies a priority order for paying debts: funeral expenses and costs of administration first, then secured debts, then unsecured debts. Following this priority protects you from personal liability. Pay from estate funds and keep every receipt.

Step 7: Distribute Assets and Close the Estate

Virginia's closing process revolves around the Commissioner of Accounts — a feature unique to Virginia that provides both oversight and protection.

File an accounting with the Commissioner of Accounts. Virginia requires executors to file an accounting — a detailed report of all receipts, disbursements, and proposed distributions — with the Commissioner of Accounts. The first accounting is typically due 16 months after qualification. The Commissioner reviews it for accuracy and compliance with the law.

The Commissioner of Accounts review. This is Virginia's signature probate feature. The Commissioner of Accounts is a court-appointed professional (usually an attorney) who audits your work. They verify that you've managed the estate properly — that debts were paid correctly, that assets were accounted for, and that your proposed distributions match the will. If the Commissioner approves your accounting, they file a report with the Circuit Court confirming everything is in order.

Distribute assets after Commissioner approval. Once the Commissioner approves your accounting, distribute assets to beneficiaries as directed by the will. Get signed receipts from each beneficiary confirming they received their distribution.

Request discharge. After all assets are distributed and the Commissioner has filed their final report, you can request a formal discharge from the Circuit Court. This releases you from further liability as executor. Keep copies of everything — you may need them for years.

For a broader look at how the probate timeline typically unfolds, including what causes delays, see our detailed timeline breakdown.

Virginia-Specific Probate Rules to Know

Beyond the step-by-step process, there are several Virginia-specific rules that can significantly affect how you manage the estate.

Commissioner of Accounts oversight. This is Virginia's most distinctive probate feature. Every estate that goes through probate is assigned a Commissioner of Accounts — a court-appointed individual (usually an attorney) who audits the executor's work. The Commissioner reviews your inventory, your accounting, and your proposed distributions. This provides protection for both executors and beneficiaries: executors get their work validated by a professional, and beneficiaries get independent oversight of the process. Commissioner fees are paid from the estate.

Same-day qualification. Virginia's Circuit Court Clerks can qualify executors on the same day the will is filed, as long as there are no contests and all documentation is in order. This is one of the fastest appointment processes in the country and means you can start managing the estate immediately.

Executor compensation. Virginia allows executors to receive reasonable compensation, which is typically calculated as a percentage of the estate. The standard guideline is around 5% of the estate's value, though this can vary based on complexity. The Commissioner of Accounts reviews the fee for reasonableness. For more on how executor compensation works across states, see our detailed guide.

2-week publication requirement. Virginia requires newspaper publication once a week for 2 successive weeks (Virginia Code Section 64.2-556). Make sure to start this process promptly after qualification to avoid unnecessary delays.

1-year creditor period. Virginia's creditor claim period of 1 year from the executor's qualification (not from death) is among the longest in the country. While this means you'll wait longer before making final distributions, it also means there's less risk of a creditor surfacing after you've already distributed assets.

Debts of the decedent follow a priority order. Virginia Code § 64.2-528 establishes the specific order in which debts must be paid. Following this priority protects you from personal liability if the estate doesn't have enough assets to pay all debts.

What HeirPortal Does for Virginia Executors

When you set up an estate in HeirPortal, Virginia-specific deadlines and requirements populate automatically — the 4-month inventory deadline, the Commissioner of Accounts filing schedule, the 1-year creditor period, and key qualification dates. Your family members see the same timeline you do, which means fewer calls asking "what's happening?" and more time spent actually managing the estate. You can check our state coverage page to see exactly what's included.

FAQ

How long does probate take in Virginia?

Most Virginia estates take 9-18 months from qualification to final distribution. The 1-year creditor period sets a practical minimum floor for most estates. Simple estates with cooperative beneficiaries can sometimes close in 12-14 months. Complex estates with real property to sell, contested claims, or tax complications can take 2 years or longer. The Commissioner of Accounts review adds some time but also helps ensure everything is done correctly.

Do I need a lawyer for probate in Virginia?

Virginia does not require attorneys for probate, and the Circuit Court Clerks are generally accessible and helpful. However, for estates involving real property, business interests, tax complications, or family disputes, hiring a Virginia probate attorney is strongly recommended. The Commissioner of Accounts provides some oversight, but they review your work — they don't do it for you.

What is the small estate threshold in Virginia?

Virginia's small estate threshold is $75,000 for personal property (excluding real estate). If the deceased's personal property is below this amount and at least 60 days have passed since death, beneficiaries can use a small estate affidavit to collect assets without going through formal probate. Real estate cannot be transferred using this method.

How much does probate cost in Virginia?

The major costs break down as follows:

• Court filing fee: $50 -- $300
• Surety bond premium: Varies (if not waived by will)
• Attorney fees: Varies, typically negotiated or hourly
• Commissioner of Accounts fee: Percentage of estate, varies by jurisdiction
• Newspaper publication (2 weeks): $150 -- $400
• Professional appraisals: $300 -- $3,000+ depending on assets
• Certified death certificates: $120 -- $180 (for 10-15 copies at ~$12 each)

Virginia's probate costs are generally lower than average, thanks to modest filing fees and the lack of state estate or inheritance taxes.

Can I avoid probate in Virginia?

Yes, several strategies can help you avoid or minimize probate:

• Revocable living trust: Assets held in trust pass outside of probate entirely
• Joint ownership with right of survivorship: Property passes automatically to the surviving owner
• Beneficiary designations: Life insurance, retirement accounts, and POD bank accounts bypass probate
• Small estate affidavit: Estates with personal property under $75,000 can use a simplified affidavit
• Transfer-on-death deeds: Virginia allows TOD deeds for real estate under Code § 64.2-621

What happens if the executor lives outside Virginia?

Virginia allows out-of-state executors to serve. However, a non-resident executor may be required to post a bond even if the will waives it, and may need to appoint a Virginia resident as an agent for service of process. If you're managing an estate from out of state, be prepared for the Commissioner of Accounts review process and consider hiring a local attorney to handle court filings.

What is a Commissioner of Accounts?

A Commissioner of Accounts is a court-appointed individual (usually an attorney) who audits the executor's management of the estate. Virginia is unique in requiring this oversight for all probated estates. The Commissioner reviews your inventory, accounting, and distributions to ensure compliance with Virginia law. While this adds a step to the process, it protects both executors and beneficiaries — executors get professional validation of their work, and beneficiaries get independent oversight.

What is the difference between "qualification" and "appointment" in Virginia?

In most states, executors are "appointed" by a probate court. Virginia uses the term "qualification" instead. The process involves appearing before the Circuit Court Clerk, taking an oath, and receiving a Certificate of Qualification — which functions the same as Letters Testamentary in other states. The practical effect is the same: you gain legal authority to manage the estate.

Executor Checklists for Other States

Looking for executor guidance specific to another state? We have detailed checklists for:

Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | DC | Delaware | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Washington | West Virginia | Wisconsin | Wyoming

Don't see your state? Check our state coverage page for probate requirements in all 50 states plus DC.

Virginia's probate process has more oversight than most states, thanks to the Commissioner of Accounts system. But that oversight works in your favor — it means someone is reviewing your work and confirming you're on the right track. Take each step in order, keep detailed records, and lean on the Commissioner's review as a safety net, not an obstacle.