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First Steps After a Death in Virginia

A practical sequence for the first days and weeks after a death, focused on Virginia estate administration touchpoints.

Get Death CertificatesDo I Need Probate?

Use this timeline to handle immediate post-death tasks in the right order before you move into probate, asset transfer, or executor paperwork.

Some tasks can wait a few days. Prioritize safety, family needs, the original will, and certified death certificates.

Source Notes

If You Are the Named Executor in Virginia

If you are the named executor, personal representative, administrator, or the family member organizing a Virginia estate, start with the state-specific records, court, and transfer tasks below. Check each step against the current county office or agency handling the estate.

  1. Locate the original will and important documents

    The Clerk of the Circuit Court needs the original signed will to probate it. A custodian of a will has a legal duty to deliver it after death (Va. Code 64.2-444). Also look for codicils, trusts, deeds, vehicle titles, account statements, and life insurance policies.

  2. Order certified death certificates

    Certified copies are issued by the Virginia Office of Vital Records (Virginia Department of Health) and cost $12 per copy. The funeral home usually orders them for you. Order more than you think you need - banks, insurers, the DMV, and the Clerk all ask for one.

  3. Make a first asset and debt list

    Separate probate assets (solely owned) from nonprobate assets such as joint survivorship accounts, beneficiary-designated accounts, life insurance, and trust property. This list becomes the basis for the inventory and for deciding whether probate is needed.

  4. Determine whether probate is needed - small estate vs. full administration

    If the entire personal probate estate is $75,000 or less and at least 60 days have passed since death with no personal representative qualified, a successor may collect assets by small estate affidavit (Va. Code 64.2-601). Some small assets of $35,000 or less can be paid without an affidavit (Va. Code 64.2-602). Larger or more complex estates require full administration.

  5. Qualify as executor or administrator before the Clerk of the Circuit Court

    The person named in the will qualifies as executor; if there is no will, an eligible person qualifies as administrator. Make an appointment with the Clerk of the Circuit Court in the decedent's county or independent city. Bring the original will, a certified death certificate, and a List of Heirs. If the estate exceeds $15,000 you file a Probate Tax Return and pay the probate tax. The Clerk then issues a Certificate of Qualification (and letters) confirming your authority to act for the estate.

Timeline of Tasks

First 24 to 72 Hours

Get a legal pronouncement and arrange for the body
A medical professional must pronounce the death. If death was expected under hospice, the hospice nurse can pronounce; if unexpected, call 911. Then choose a licensed Virginia funeral home or cremation provider to transport and care for your loved one.
Secure the home and valuables
Lock the residence, keep utilities and insurance active, and avoid distributing property until authority and ownership are clear. Real estate in Virginia generally passes to heirs or devisees at death, but it still needs to be protected.
Locate the original will and important documents
The Clerk of the Circuit Court needs the original signed will to probate it. A custodian of a will has a legal duty to deliver it after death (Va. Code 64.2-444). Also look for codicils, trusts, deeds, vehicle titles, account statements, and life insurance policies.

First Week

Order certified death certificates
Certified copies are issued by the Virginia Office of Vital Records (Virginia Department of Health) and cost $12 per copy. The funeral home usually orders them for you. Order more than you think you need - banks, insurers, the DMV, and the Clerk all ask for one.
Identify the proper county or independent city
Probate is handled by the Clerk of the Circuit Court in the county or independent city where the decedent resided. Virginia has no separate probate court; the Clerk qualifies the executor or administrator.
Make a first asset and debt list
Separate probate assets (solely owned) from nonprobate assets such as joint survivorship accounts, beneficiary-designated accounts, life insurance, and trust property. This list becomes the basis for the inventory and for deciding whether probate is needed.

First Month

Determine whether probate is needed - small estate vs. full administration
If the entire personal probate estate is $75,000 or less and at least 60 days have passed since death with no personal representative qualified, a successor may collect assets by small estate affidavit (Va. Code 64.2-601). Some small assets of $35,000 or less can be paid without an affidavit (Va. Code 64.2-602). Larger or more complex estates require full administration.
Qualify as executor or administrator before the Clerk of the Circuit Court
The person named in the will qualifies as executor; if there is no will, an eligible person qualifies as administrator. Make an appointment with the Clerk of the Circuit Court in the decedent's county or independent city. Bring the original will, a certified death certificate, and a List of Heirs. If the estate exceeds $15,000 you file a Probate Tax Return and pay the probate tax. The Clerk then issues a Certificate of Qualification (and letters) confirming your authority to act for the estate.
Get an EIN and open an estate bank account
Apply for a free estate EIN from the IRS, then open a bank account in the estate's name (for example, 'Estate of Jane Doe'). Keep estate money completely separate from personal money and keep receipts for every payment and distribution.
Give written notice of qualification to heirs and beneficiaries
After qualifying, the fiduciary must give written notice of the probate or qualification to the heirs and beneficiaries within 30 days, and file an affidavit of notice with the Clerk.

Ongoing Administration

File the inventory with the Commissioner of Accounts
The personal representative files a complete inventory of the estate with the Commissioner of Accounts within four months after the date of qualification (Va. Code 64.2-1300). The Commissioner of Accounts, appointed by the Circuit Court, oversees the estate and later reviews accountings.
Notify Social Security, banks, insurers, and creditors
Report the death to the Social Security Administration (1-800-772-1213), notify each bank and brokerage, file life insurance claims, and address debts. Virginia generally does not require published notice to creditors; claims and an optional report of debts and demands are handled through the Commissioner of Accounts.
Keep estate money separate and file required tax returns
Use the estate account for all estate income and expenses, and keep receipts for every transaction. Review the decedent's final federal Form 1040 and Virginia Form 760, federal Form 1041 and Virginia fiduciary returns if the estate earns income, and federal Form 706 only if the estate exceeds the federal exemption.

Who to Notify

Keep this list handy as you work through notifications.

Social Security Administration
Call 1-800-772-1213
Employer / HR Department
Phone call or email
Banks & Credit Unions
Visit branch with death certificate
Insurance Companies
Call policy customer service
Credit Card Companies
Call number on card
Utility Companies
Call to transfer or cancel
DMV / Vehicle Registration
Visit in person or online
Post Office
Submit change of address form

Documents to Gather

Gather these documents as soon as possible.

Death Certificates

Many estates start with 10-15 certified copies because banks, insurers, property-transfer contacts, and agencies may ask for them.

How to get death certificates →

Will & Trust Documents

Look in safe deposit boxes, home safes, attorney files, and records folders.

Probate guide →

Financial Statements

Bank statements, investment accounts, retirement accounts, and recent tax returns.

Asset transfer guide →

What Comes Next?

After the first 30 days, you may need to start probate or transfer assets. Use the national assessment for planning, then verify the next step locally.

Take the Probate AssessmentRead the Virginia Probate Guide