Virginia Probate Timeline

A full Virginia estate often takes at least 12 to 18 months from death to final settlement. Simple estates can move faster. Estates with disputes, hard-to-value assets, or tax filings can take longer. The clock is shaped by statutory deadlines, not by a single closing date. The 16-month first-account deadline alone means many estates do not close before about the 18-month mark, because the first account cannot even be filed until that period runs.

Use this Virginia probate timeline as a planning calendar, not a promise that an estate will close by a fixed day. Virginia has no separate "probate court." You qualify before the Clerk of the Circuit Court, and a court-appointed Commissioner of Accounts then reviews your inventory and accounts. Start with the Virginia probate guide if you are still choosing a path, and the Virginia executor duties guide for the full task list.

Virginia Probate Timeline at a Glance

These markers can overlap. A family may order records and locate the will before any court filing. After qualification, the same four-month window covers the notice affidavit and the inventory. A Virginia probate timeline works best when each date is tied to the date of qualification, not a generic month count.

First Week: Records, Property, and the Original Will

The first week is about preventing avoidable delays, not finishing probate.

Start with:

• certified death certificates
• the original will and any codicils
• trust documents
• deeds and property tax records
• vehicle titles and registrations
• bank, credit union, brokerage, and retirement statements
• life insurance and beneficiary records
• mortgage, utility, insurance, and tax records

Keep the home secure, keep insurance active when possible, and avoid giving away property until authority and ownership are clear. A beneficiary or payable-on-death account may pass outside probate. A solely owned bank account may need qualification or a qualifying small estate path. Solely owned Virginia real estate generally vests in the heirs or devisees at death, so it is confirmed through probate rather than conveyed by it.

The Virginia first steps guide covers this early document stage in more detail.

At Least 60 Days: Small Estate Affidavit Window

Virginia allows collection of personal property by small estate affidavit only after at least 60 days have passed since the death, when no personal representative has qualified and none is pending. The decedent's entire personal probate estate must not exceed $75,000 as of the date of death (§64.2-601).

This route lets a successor collect qualifying personal property without a full qualification. It does not apply if the estate is larger than the threshold or if a personal representative has already qualified. Confirm the current threshold and any institution-specific requirements before relying on it. See the Virginia small estate affidavit guide for the form and proof steps.

Qualification: No Fixed Deadline, But Start the Clock

Virginia sets no fixed statutory deadline to probate a will or qualify as personal representative. Do not assume a set number of days. Qualification still matters because most other deadlines run from the date of qualification, so the sooner you qualify, the sooner the calendar becomes concrete.

You qualify before the Clerk of the Circuit Court in the city or county where the decedent resided, owned real estate, or had an estate. At qualification the Clerk collects a Virginia probate tax and recording fees, and issues a certificate of qualification. Use the Virginia executor duties guide for the qualification checklist.

Within 30 Days of Qualification: Notice of Probate

Within 30 days after qualification or admission of the will to probate, the personal representative or proponent of the will must send written notice to the heirs, beneficiaries, and other people entitled to notice (§64.2-508). Notice may be delivered or sent by first-class mail to each person's last known address.

Keep proof of what you sent and when. You will need it for the affidavit of notice that follows.

Within 4 Months: Affidavit of Notice and Inventory

The four-month mark after qualification carries two filings.

First, the affidavit of notice. Within four months after qualification or probate, the personal representative or proponent must record an affidavit in the Clerk's office stating to whom and when notice was given, or that no notice was required (§64.2-508).

Second, the inventory. The personal representative must file an inventory of the estate (Form CC-1670) with the Commissioner of Accounts within four months after the date of the order conferring authority (§64.2-1300). Newly discovered assets must be reported within four months of discovery. The inventory lists estate assets at date-of-death value.

Inventory work starts before the form is due. Build a list of:

• probate bank and brokerage accounts
• vehicles
• tangible personal property
• business interests
• refunds and checks payable to the estate
• real property connected to the estate
• liens, secured debts, and disputed assets

Use the Virginia estate inventory guide for the CC-1670 field-by-field walkthrough.

Within 16 Months: First Account, Then Annual Accounts

The first account (Form CC-1680) is generally due within 16 months after qualification. That window covers the first 12-month accounting period plus the time to prepare and file (§64.2-1304). After the first account, you file subsequent accounts annually, generally within four months after the close of each 12-month period, until the estate is fully settled (§64.2-1304).

The account shows what came into the estate, what was paid out, and what remains, with vouchers backing each entry. The Commissioner of Accounts reviews it. 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, so the schedule has teeth. Verify the exact due date with your Commissioner of Accounts and see the Virginia accounting and distribution guide.

Creditors and Distribution Timing

Virginia does not require a formal newspaper creditor notice with a fixed claim deadline. Creditor claims and the timing of distributions are handled through the accounting process and, where appropriate, a debts-and-demands hearing and show-cause order before the Commissioner of Accounts and the Circuit Court.

This is a real planning factor, not a footnote. A personal representative who distributes too early can face personal liability for unpaid claims. Many fiduciaries wait an appropriate period, and some request a debts-and-demands hearing, before making final distributions. There is no single fixed publication deadline, so confirm the recommended timing locally with the Commissioner of Accounts.

Elective Share: Within 6 Months

A surviving spouse of a decedent domiciled in Virginia must make the elective-share election within six months after the later of admission of the will to probate or qualification of an administrator on the intestate estate (§64.2-308.12). The election is filed with the Clerk of the Circuit Court or the court. A complaint to determine the elective share must then be filed within six months after the election. If the complaint is filed more than 12 months after death, certain non-probate transfers may be excluded. Verify the current procedure before relying on these dates.

Tax Calendar

Tax timing depends on the estate facts.

The decedent's final federal Form 1040 and any required Virginia Form 760 are generally due by the normal filing deadline, about April 15, for the year following the year of death. A fiduciary income tax return may also apply depending on estate income.

Federal estate tax is a separate question. IRS Form 706 is generally due nine months after death when the estate must file or when a portability election is needed, and a six-month extension to file may be available. Virginia has no separate state estate or inheritance tax for decedents dying in current years. Confirm whether a federal filing is required based on the gross estate value.

What Can Slow the Timeline

A Virginia probate timeline can stretch when:

• the original will is missing
• heirs or beneficiaries are unknown or hard to reach
• creditors dispute payment or a debts-and-demands hearing is needed
• real estate must be sold or used to pay claims
• the estate owns a business interest
• assets are hard to value for the inventory
• tax filings need more records
• the inventory or an account is late or incomplete
• the surviving spouse claims an elective share

Some delays are unavoidable. Others come from filing late or with an incomplete packet. Calendar each date from qualification and keep your records organized.

Practical Filing Calendar

Use this working calendar:

1. First week: secure property, order certificates, and locate the original will.
2. First two weeks: list probate and non-probate assets, debts, liens, and likely recipients.
3. Before qualifying: confirm the correct city or county Clerk of the Circuit Court.
4. At least 60 days after death: check small estate affidavit eligibility if the estate may qualify.
5. Within 30 days of qualifying: send notice of probate to heirs and beneficiaries.
6. Within four months of qualifying: record the affidavit of notice and file the CC-1670 inventory.
7. Within 16 months of qualifying: file the first CC-1680 account, then file annually.
8. Before distribution: review claims, taxes, real estate, and the elective share window.
9. Closing: file the final account and confirm the Commissioner of Accounts has approved it.

This is general information, not legal advice. Local practice and estate facts change timing, so verify each date with your Commissioner of Accounts and the Clerk of the Circuit Court. Return to the Virginia probate hub for related guides.

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

• Title: Probate in Virginia. Publisher: Virginia Judicial System. Publication Date: Current court resource, accessed 2026-06-09. URL: https://www.vacourts.gov/courts/circuit/resources/probate_in_virginia.pdf
• Title: Va. Code § 64.2-508, Written Notice of Probate and Qualification. Publisher: Code of Virginia. Publication Date: Current statute, accessed 2026-06-09. URL: https://law.lis.virginia.gov/vacode/64.2-508/
• Title: Va. Code § 64.2-601, Payment or Delivery of Small Asset by Affidavit. Publisher: Code of Virginia. Publication Date: Current statute, accessed 2026-06-09. URL: https://law.lis.virginia.gov/vacode/64.2-601/
• Title: Va. Code § 64.2-1300, Inventory. Publisher: Code of Virginia. Publication Date: Current statute, accessed 2026-06-09. URL: https://law.lis.virginia.gov/vacode/64.2-1300/
• Title: Va. Code § 64.2-1304, Personal representatives' accounts (16-month and annual filing). Publisher: Code of Virginia. Publication Date: Current statute, accessed 2026-06-09. URL: https://law.lis.virginia.gov/vacode/title64.2/chapter13/section64.2-1304/
• Title: Va. Code § 64.2-308.12, Proceeding for Elective Share; Time Limit. Publisher: Code of Virginia. Publication Date: Current statute, accessed 2026-06-09. URL: https://law.lis.virginia.gov/vacode/64.2-308.12/
• Title: Estate Tax. Publisher: Internal Revenue Service. Publication Date: Current IRS estate tax page, accessed 2026-06-09. URL: https://www.irs.gov/businesses/small-businesses-self-employed/estate-tax