Virginia
Estate law, probate process, and inheritance rules for Virginia — in plain language.
$2,500–$5,000 typical
Affidavit Va. Code §64.2-602
Elective share: graduated by marriage length (15%–50%) under Va. Code §64.2-308.2
Spouse + descendants all of marriage: spouse takes 100%. Different parentage: spouse takes 1/3.
- ✓Must be 18+ and of sound mind
- ✓May be required to post bond unless will waives it
- ✓Must file inventory of estate assets
- ✓Must give notice to creditors per statute
- ⏱Will filed within 60 days of qualification
- ⏱Notice to creditors: 4 months
- ⏱Inventory: 4 months after appointment
- ⚠VA probate tax (small fee) based on estate value
- ⚠Real estate transfers in VA require recording of will or trust documents
- ⚠Outdated beneficiary designations override the will
- ⚠Real estate in another state triggers ancillary probate
- ⚠Joint tenancy with non-spouse can create unintended consequences
- →No state estate/inheritance tax
- →Trust avoids VA probate tax and recordation
- Virginia Code Title 64.2 (Wills, Trusts, and Fiduciaries)
Statute references are for orientation only. Verify current text with your state legislature's website. Not legal advice — consult an attorney licensed in Virginia.
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