Virginia Probate Cost: Clerk Fees and Probate Tax
Virginia probate cost planning separates the Circuit Court Clerk qualification fee from the state probate TAX, the optional local probate tax, recording fees, and personal representative compensation. Virginia has no state estate or inheritance tax.
Virginia probate cost is not a single number. The Circuit Court Clerk charges a tiered qualification fee under Va. Code 17.1-275(A)(3), and a separate state probate TAX applies to estates over $15,000 under Va. Code 58.1-1712. A locality may add a local probate tax of one-third of the state amount under Va. Code 58.1-1718. Recording a list of heirs has its own $25 fee.
Use this page as a source checklist, not a bill. A small estate affidavit, a list of heirs, and full qualification of a personal representative create different costs. Personal representative compensation in Virginia follows a Commissioner of Accounts reasonableness guideline, not a fixed statutory percentage. Confirm the current amounts with the Circuit Court Clerk for the locality before budgeting.
Quick Summary
The state probate tax rate and the clerk qualification fee tiers are statewide, but each locality may also adopt a local probate tax (one-third of the state amount) and may charge its own copy, certification, and recording fees. Confirm the current amount with the Circuit Court Clerk in the locality of the decedent's residence.
Probate Cost by Procedure
| Procedure | Estate Size | Court Fee | Timeline | Attorney? | Best For |
|---|---|---|---|---|---|
| Small Estate Affidavit | Personal probate estate $75,000 or less (Va. Code 64.2-601) | $0 (affidavit presented to the asset holder; no qualification) | 60+ days after death | No | Personal property when no personal representative has qualified |
| List of Heirs / No Administration | When assets pass without qualification (e.g., real estate by descent) | $25 state recordation, plus up to $25 local where adopted | Usually a single recording visit | No statewide requirement; useful if title or heirship is unclear | Recording who inherits when no estate administration is opened |
| Qualification of Administrator (No Will) | Any intestate estate that needs a personal representative | Tiered clerk fee (17.1-275(A)(3)) plus probate tax over $15,000 | Several months to over a year | No statewide requirement; recommended for higher-risk estates | Intestate estates needing letters of administration |
| Probate of Will + Qualification of Executor | Any testate estate that needs a personal representative | Tiered clerk fee (17.1-275(A)(3)) plus probate tax over $15,000 | Several months to over a year | No statewide requirement; recommended for larger or contested estates | Testate estates needing letters testamentary and Commissioner of Accounts oversight |
Additional Costs to Expect
Clerk Qualification Fee
Va. Code 17.1-275(A)(3) sets the fee for appointing and qualifying a personal representative or other fiduciary, tiered by estate value. Confirm the current schedule with the Circuit Court Clerk.
State Probate Tax
Va. Code 58.1-1712 imposes a probate TAX of 10 cents per $100 (or fraction) of value. No tax applies to estates of $15,000 or less. This is a filing tax, not an estate or inheritance tax.
Local Probate Tax
Va. Code 58.1-1718 lets a city or county impose a local probate tax equal to one-third of the state amount. Whether it applies depends on the locality.
List-of-Heirs Recordation
Va. Code 58.1-1717.1 charges $25 for recording a list of heirs (Va. Code 64.2-509) or an affidavit (Va. Code 64.2-510) when no will is probated and no administration is granted; localities may add up to $25 (Va. Code 58.1-1718).
Personal Representative Compensation
Virginia has no fixed statutory percentage. Commissioner of Accounts oversight runs under Va. Code 64.2-1208, and a common guideline of reasonableness is 5% on the first $400,000, 4% on the next $300,000, 3% on the next $300,000, and 2% over $1,000,000. These percentages come from Commissioner of Accounts practice, not from the text of Va. Code 64.2-1208, and each estate is judged on its own facts.
Other Costs
Death certificates, certified copies, creditor-notice publication, surety bond premiums, appraisals, real estate recording, tax preparation, and attorney help can add to the total. Virginia has no state estate or inheritance tax.
Typical Total Cost Ranges
Source Notes
- Statute / Authority
- Va. Code 17.1-275(A)(3), 58.1-1712, 58.1-1717.1, 58.1-1718, and 64.2-1208
- Fee Source
- Virginia Department of Taxation probate tax guidance and Circuit Court Clerk fee schedules
- Last Verified
- June 2026
- Notes
- Virginia handles probate through the Circuit Court Clerk, not a probate court. The state probate TAX (10 cents per $100 over $15,000) is a filing tax, not an estate or inheritance tax. Localities may add a local probate tax of one-third of the state amount. Confirm current amounts with the Circuit Court Clerk.
Sources
- Probate TaxVirginia Department of Taxation. Current official guidance, accessed June 2026.
- 58.1-1712, Levy; rate of taxVirginia Law (law.lis.virginia.gov). Current official code text, accessed June 2026.
- 17.1-275, Fees collected by clerks of circuit courtsVirginia Law (law.lis.virginia.gov). Current official code text, accessed June 2026.
- 58.1-1718, City or county probate taxVirginia Law (law.lis.virginia.gov). Current official code text, accessed June 2026.
Frequently Asked Questions
How much does probate cost in Virginia?
There is no single Virginia probate cost. Start with the Circuit Court Clerk qualification fee under Va. Code 17.1-275(A)(3) (tiered by estate value), add the state probate TAX of 10 cents per $100 for estates over $15,000 (Va. Code 58.1-1712), add any local probate tax of one-third of the state amount (Va. Code 58.1-1718), then add certified copies, publication, bond, and professional help if the estate needs them.
What is the Virginia probate tax?
Va. Code 58.1-1712 imposes a state probate TAX of 10 cents per $100 of value, or about $1 per $1,000, on estates valued at more than $15,000. Estates of $15,000 or less owe no probate tax. A locality may add a local probate tax equal to one-third of the state amount (Va. Code 58.1-1718). This is a filing tax tied to probate, not an estate or inheritance tax.
Does Virginia have an estate tax or inheritance tax?
No. Virginia has no state estate tax and no inheritance tax. The probate tax under Va. Code 58.1-1712 is a separate filing tax charged when a will is presented for probate or administration is granted, not a tax on the value passing to heirs.
How much is the Virginia clerk qualification fee?
Va. Code 17.1-275(A)(3) sets a tiered fee for qualifying a personal representative: no fee for estates of $5,000 or less, $20 for estates up to $50,000, $25 for estates up to $100,000, and $30 for estates over $100,000. Confirm the current schedule with the Circuit Court Clerk because clerks may add recording and copy charges.
How much does a Virginia personal representative get paid?
Virginia does not set a fixed statutory percentage. Compensation must be reasonable and is reviewed by the Commissioner of Accounts (Va. Code 64.2-1208 governs the Commissioner's oversight). A widely used guideline of reasonableness is 5% on the first $400,000, 4% on the next $300,000, 3% on the next $300,000, and 2% over $1,000,000, but each estate is judged on its facts.
What is the cheapest Virginia estate path?
The cheapest path depends on the assets. A small estate affidavit (Va. Code 64.2-601) has no court filing fee for personal property under $75,000 after 60 days. Recording a list of heirs costs $25 (plus up to $25 local). If the estate needs a personal representative, qualification adds the tiered clerk fee and the probate tax for estates over $15,000.
Estimate Your Virginia Probate Path
Use the Virginia assessment and calculator tools to see which probate process may apply and what it may cost.