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
- Clerk Qualification Fee
- $0-$30Tiered by estate value (17.1-275)
- State Probate Tax
- $1/$1,00010c per $100 over $15,000
- Local Probate Tax
- 1/3Of state amount where adopted
- Estate/Inheritance
- $0 taxVirginia has neither
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.
Typical Total Cost Ranges
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| 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. When the estate value exceeds $15,000, the personal representative also files a short return with the Clerk stating the real and personal property values (Va. Code 58.1-1714).
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.
Commissioner of Accounts Review Fees
After qualification, a court-appointed Commissioner of Accounts reviews the inventory and the accounts the personal representative must file. The appointing Circuit Court prescribes the fee schedule, and the amounts typically scale with the value of the estate's assets (Va. Code 64.2-1219).
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. The Virginia Department of Health charges about $12 per certified copy of a death certificate, and a Virginia fiduciary income tax return (Form 770) is needed if the estate earns income during administration. Virginia has no state estate or inheritance tax: the state estate tax was repealed for deaths on or after July 1, 2007, and Virginia does not tax beneficiaries on what they inherit.
One more cost source to check: if the person who died received Medicaid long-term care benefits, the state may file a recovery claim against the estate. The Virginia Medicaid estate recovery guide explains when that applies.