Settling an estate in Virginia
In Virginia, probate typically takes 6-12 months. Estates under $50,000 can usually use a simpler small-estate process. Virginia has no state estate tax and no inheritance tax.
The key numbers
Reviewed January 2026- Typical probate timeline
- 6-12 months
- Small estate limit
- $50,000
- Small estate process
- Small estate affidavit for estates under $50K. Available 60 days after death.
- Deadline to file the will / open probate
- No strict deadline
- State estate tax
- No
- Inheritance tax
- No
- Executor pay
- Reasonable compensation, typically 5% of estate value. Commissioner of Accounts oversight.
- Community property state
- No
- Homestead protection
- $25,000 homestead exemption ($5,000 per dependent)
Deadlines to know
- Small estate affidavit
- 60 days after death
- Creditor claims period
- 6 months from qualification
- Final income tax
- May 1 of following year
Common questions
How long does probate take in Virginia?
Probate in Virginia typically takes 6-12 months. Simple estates move faster; disputes, real estate in other states, or a business can stretch it.
What is the small estate limit in Virginia?
$50,000. Small estate affidavit for estates under $50K. Available 60 days after death.
Does Virginia have an estate or inheritance tax?
No. Virginia has no state estate tax. It has no inheritance tax.
How much does an executor get paid in Virginia?
Reasonable compensation, typically 5% of estate value. Commissioner of Accounts oversight.
Next steps
Read the full Virginia estate settlement guide, or start with Executor 101.
Get a Virginia checklist with Afterward →Figures last reviewed January 2026. Laws change, and this is general information, not legal advice. Confirm with the Virginia probate court in the county where your loved one lived, or a local estate attorney.