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Virginia Executor Duties
Pillar GuideVirginia11 min read

Virginia Executor Duties

Virginia executor duties guide: qualify before the Circuit Court Clerk, give notice, file the inventory and accounts with the Commissioner of Accounts.

By Settled Editorial

Virginia executor duties start with one step that comes before all the others. You qualify before the Clerk of the Circuit Court in the county or independent city where the person lived. Virginia has no separate "Probate Court." You take an oath, post any required bond, and the Clerk gives you a certificate of qualification. That certificate is your proof of authority. Banks, the DMV, and title offices ask for it before they release anything.

After you qualify, a court-appointed Commissioner of Accounts reviews your work. You file an inventory with that office, then yearly accounts. This guide walks the practical sequence: qualify first, then do the duties in deadline order. This is general information, not legal advice. Verify each step with your local Circuit Court Clerk and Commissioner of Accounts.

Use this guide with the Virginia certificate of qualification guide, the Virginia estate inventory guide, the Virginia accounting and distribution guide, the Virginia creditor claims guide, and the Virginia probate timeline. For your local Clerk and Commissioner of Accounts, see the Virginia Circuit Court directory.

Qualify Before the Clerk of the Circuit Court First

Authority comes from qualification, not from the will naming you. A named executor can locate the original will, secure the house, and gather records before qualifying. But you cannot collect accounts, sign estate documents, or transfer title until the Clerk appoints you.

To qualify you go to the Clerk of the Circuit Court in the proper city or county, bring the original will and a certified death certificate, take an oath, and post a bond. The Clerk may require surety on the bond depending on the will terms, your residency, and the beneficiaries. The Clerk then issues your certificate of qualification. With a will you are the executor. Without a will you are the administrator. Both are called the personal representative, and the duties below apply the same way.

Virginia charges a probate tax and clerk fees at qualification, and amounts vary by estate value and locality. Confirm the current fees and bond rules with your Clerk. See the Virginia certificate of qualification guide for the qualification walkthrough. (Source: Code of Virginia Title 64.2, law.lis.virginia.gov/vacode/title64.2/; "Probate in Virginia," vacourts.gov.)

What a Virginia Personal Representative Does

Once you hold the certificate of qualification, you are a fiduciary. You protect estate property, keep estate money separate from your own, follow the will or the intestacy rules, work with the Commissioner of Accounts, and distribute only when the estate is ready.

The core duty list runs in this order:

  1. Give written notice of probate to heirs and beneficiaries within 30 days
  2. File an inventory with the Commissioner of Accounts within 4 months
  3. File a first account within 16 months, then file accounts each year
  4. Handle creditor debts through the debts-and-demands process
  5. Distribute the remaining assets after creditors are cleared

Not every estate needs full administration. Some assets pass by beneficiary designation, joint survivorship, or a payable-on-death term. A small personal estate may fit collection by affidavit instead. Real estate is its own case, covered below. Check whether full administration is even needed before you run the whole sequence.

Duty 1: Give Notice of Probate Within 30 Days

Your first deadline after qualifying is the notice of probate. Within 30 days after you qualify or the will is admitted to probate, you must send written notice to the heirs, the beneficiaries, and other people entitled to notice. You may deliver it or send it by first-class mail to each person's last known address. This is §64.2-508. If any heir or beneficiary's identity or address is unclear, confirm the list with the Clerk or a Virginia probate attorney before sending notice.

There is a paired filing. Within four months after qualification, you record an affidavit in the Clerk's office stating to whom and when you gave notice, or that no notice was required. Keep your mailing list, the dates, and copies. (Source: Va. Code §64.2-508, law.lis.virginia.gov/vacode/64.2-508/.)

Duty 2: File the Inventory Within 4 Months

The inventory is your first big filing with the Commissioner of Accounts. You file it on Form CC-1670 within four months after the date of your qualification. It lists the estate property that has come into your hands, with date-of-death values. If a new asset turns up later, you report it within four months of finding it. This is §64.2-1300.

Build the inventory worksheet before the form is due. For each asset capture the owner name, the account or title number, the date-of-death value, any lien, the beneficiary or joint-owner note, and the source document. Send it to the Commissioner of Accounts for the jurisdiction where you qualified, not to the Clerk. See the Virginia estate inventory guide for the line-by-line process. (Source: Va. Code §64.2-1300, law.lis.virginia.gov/vacode/64.2-1300/; Form CC-1670 instructions, vacourts.gov.)

Duty 3: File the First Account Within 16 Months, Then Yearly

After the inventory, accounting is how you show the Commissioner of Accounts what you received, what you paid, and what remains. The first account is generally due within 16 months after qualification. It covers the first 12-month accounting period plus the time to prepare and file. You file it on Form CC-1680 with the Commissioner of Accounts. This is §64.2-1304.

After the first account, you file accounts each year until the estate is settled. Each account needs vouchers or verified proof for the payments you report. Missing the filing window has a real cost: under §64.2-1217 a fiduciary who fails to file a required account within four months after the end of an accounting year may forfeit compensation for that year, and a late filing can draw a show-cause summons. Confirm your exact due date with your Commissioner of Accounts. See the Virginia accounting and distribution guide. (Source: Va. Code §64.2-1217, law.lis.virginia.gov/vacode/title64.2/chapter12/section64.2-1217/.)

Duty 4: Handle Debts Through the Debts-and-Demands Process

Virginia handles creditors differently from many states. There is no required newspaper notice with a fixed claim deadline. Instead you manage creditor claims through the estate accounting and, where appropriate, a debts-and-demands hearing and a show-cause order before the Commissioner of Accounts and the Circuit Court.

This matters because of your own risk. If you distribute too early and a valid claim comes in later, you can be personally liable. Many fiduciaries wait an appropriate period and request a debts-and-demands hearing before distributing, which helps reduce that exposure. Do not guess at claim priority or timing. See the Virginia creditor claims guide and confirm the recommended process with your Commissioner of Accounts.

Duty 5: Distribute Only After Creditors Are Cleared

Distribution comes last, and only after the estate can support it. Before you hand anything to a beneficiary, walk this checklist:

  1. Has your notice of probate gone out and the affidavit been recorded?
  2. Is the inventory filed and accepted by the Commissioner of Accounts?
  3. Has the Commissioner of Accounts reviewed and accepted the account for this period?
  4. Are creditor debts and any debts-and-demands steps handled?
  5. Has the surviving spouse's elective-share window been addressed if one applies?
  6. Are final income tax returns filed or accounted for?
  7. Does your account support every receipt, payment, and proposed distribution?
  8. Do you have signed receipts from beneficiaries to file?

Distributing before the Commissioner of Accounts has reviewed and accepted the account covering the distribution period can expose you to personal liability, so confirm that approval before you hand anything over.

A named beneficiary in the will is not a green light to distribute on day one. Claims, taxes, the elective share, and title issues can come first. If a surviving spouse or minor children are involved, you also set aside the Virginia family, exempt property, and homestead allowances before general distribution, because those allowances take priority over most claims. When the estate is ready, you distribute under the probated will or, with no will, under the Virginia intestacy rules, and you report the distribution in your account.

Real Estate Vests in the Heirs

Virginia real estate is a special case. Solely owned real property generally passes directly to the heirs or devisees at the moment of death. You usually do not "administer" it the way you do a bank account. Probate confirms the chain of title through filings like the List of Heirs, but it does not convey the property.

The main exception is when the real estate has to be sold to pay estate debts. That can require a separate court process, and deed language, liens, and title-company requirements come into play. If the estate is short on cash and the value is in the house, get title and deed review before you act.

How a Virginia Executor Gets Paid

Virginia does not set a fixed statutory percentage for executor or administrator pay. Under §64.2-1208, the Commissioner of Accounts allows the fiduciary reasonable compensation, usually as a commission on receipts. The Commissioner reviews and approves the amount based on the assets, the difficulty of the work, the time it took, and the results.

A common guideline that practitioners reference is up to about 5% of estate receipts, though the published guideline is tiered and the percentage steps down for larger estates (roughly 5% on the first $400,000, then less above that), but that is a guideline published for the Commissioners of Accounts, not a statute and not a fixed rate. The Commissioner can allow more or less in unusual cases. Plan on reasonable compensation that your Commissioner of Accounts signs off on, and do not assume a flat percentage. (Source: Va. Code §64.2-1208, law.lis.virginia.gov/vacode/title64.2/chapter12/section64.2-1208/.)

Common Questions

Do I qualify before a probate court in Virginia?

No. Virginia has no separate Probate Court. You qualify before the Clerk of the Circuit Court in the city or county where the person lived, and a Commissioner of Accounts then reviews your inventory and accounts.

What is the first deadline after I qualify?

Send the notice of probate to heirs and beneficiaries within 30 days under §64.2-508, then file the inventory with the Commissioner of Accounts within four months under §64.2-1300.

Where do I file the inventory and the accounts?

You file the inventory (CC-1670) and the accounts (CC-1680) with the Commissioner of Accounts for the jurisdiction where you qualified, not with the Clerk. The Clerk handles qualification and recording; the Commissioner handles the audit.

How much does a Virginia executor get paid?

Reasonable compensation, reviewed by the Commissioner of Accounts under §64.2-1208. Virginia does not fix a percentage. A guideline of roughly 5% of receipts is sometimes referenced, but it is a guideline, not a statutory rate.

Can I distribute as soon as I qualify?

No. Wait until notice, the inventory, creditor debts, any elective-share issue, and tax matters are handled. Distributing too early can make you personally liable for a later valid claim.

This guide is general information about Virginia estates. It is not legal advice. Confirm anything that affects your situation with the Clerk of the Circuit Court, the Commissioner of Accounts, or a licensed Virginia attorney.

Sources

Information current as of June 9, 2026

This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Virginia can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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