Probate in Virginia: How Long It Takes, First Steps

How long does probate take in Virginia, and what should an executor do first?

There is no set finish date. The Virginia Court Clerks' Association says to start within about 30 days of the death, and an executor files an inventory within four months. Many estates reach a first and final accounting at the end of the first year, but yours may differ.

The Mike Webb Team (Mike and Claudia Webb, RE/MAX Allegiance) helps homeowners in Arlington, Northern Virginia, Maryland, and Washington, DC get their homes ready to sell and sold.

This post is general information. It is not legal advice or tax advice. Talk with a Virginia estate attorney, the circuit court clerk or a tax professional about your own situation.

Probate is the official proving and recording of a will as the person's valid last will. Virginia has no separate probate court. The will is probated in the circuit court in the county or city where the person lived at death. Usually a clerk handles it, not a judge. Source: Virginia Court Clerks' Association, Probate in Virginia. The guide was republished in 2019, so confirm current forms, fees and dollar limits with the clerk before you rely on any figure in this post.

The same guide says any person interested in the will may appeal to the judge within six months of the clerk's order admitting a will to probate.

There is no set deadline to begin. The guide says probate can usually wait until a week or so after the funeral, and recommends starting the first steps within 30 days after the death.

The original will, a copy of the death certificate, and a list of what the person owned with values, as accurate as you can make it. The guide recommends making an appointment, and says you might be given forms to fill out ahead of time.

The guide calls this dying "intestate." Virginia law then decides who the heirs are. In the guide's summary, everything goes to the surviving spouse, unless there are children of someone other than the surviving spouse, in which case one-third goes to the spouse and two-thirds is divided among all the children. With no spouse, it passes to the children and their descendants, and the guide lists further steps beyond that. These are summaries. An attorney can tell you how they apply to a real family.

If there is a will, the person named in it normally is appointed. The court must find the person competent and suitable. The guide says the person appointed takes an oath and gives a bond, and that surety is generally required unless the will waives it, which the guide says most wills do, or the appointee is the only beneficiary.

After the court appoints you, the guide says the main duties are:

1. Find and take control of the property you are responsible for.
2. Work out the debts, including taxes, and see that they are paid.
3. Give written notice of the probate to heirs and beneficiaries within 30 days.
4. File an inventory with the Commissioner of Accounts within four months. The Code of Virginia says four months from the date of the order giving you authority. Source: Code of Virginia, 64.2-1300.
5. File an accounting each year until a final one can be made.

The Commissioner of Accounts, the guide explains, is a local person, generally an attorney, appointed by the circuit court to oversee estates. The guide also says an executor must report any change of address or phone number to that office right away.

The guide says a probate tax is paid when the will is filed, generally $1.00 in state tax and 33 cents in local tax, if applicable, per $1,000 of the estate's value. Using those 2019 figures only as an illustration, an estate valued at $400,000 would owe about $400 in state probate tax and about $132 in local tax, if the local tax applies. The guide also lists the final income tax return, the final personal property tax return, an estate income tax return if there is enough income, and estate tax returns only if required. Ask the clerk what the numbers are today.

No. The guide says an executor's appointment is not always required, as with a small estate whose personal property was worth no more than $50,000 on the date of death, in the guide's wording. It also says joint accounts with survivorship rights usually pass outside the estate, and so does real estate when the deed has survivorship rights. Which category a home falls in depends on how the deed reads, so ask the clerk or an attorney.

An estate home is not sold the day probate begins. Before you list, ask your attorney who has the authority to sign and what the will says. Then call us. We can walk the home, tell you what we see, and plan the sale around your timeline. Read Inherited a House in Virginia? What to Do First and Selling an Inherited Home: Cleanout, Repairs, Staging.

Do I always need to go through formal probate?

Not always. The guide says an executor's appointment is not always required, such as for some small estates. Ask the clerk or an attorney.

Who is the Commissioner of Accounts?

The guide describes a local person, generally an attorney, appointed by the circuit court to oversee estates.

Who can answer questions about my case?

The guide suggests the circuit court clerk, the Commissioner of Accounts, or your attorney.

Call or text Claudia at 703-350-3884 or visit claudiawebb.com.

The Mike Webb Team, RE/MAX Allegiance. Arlington, Virginia. Equal Housing Opportunity.