Virginia Probate and Intestate Succession: What Happens Without a Will (2026)

Virginia has no separate probate court. The Clerk of the Circuit Court in the county or city where the decedent lived handles probate through a process called "qualification," while a court-appointed Commissioner of Accounts oversees creditor claims and estate accountings.

Information last verified on 2026-07-16. This article has not yet been reviewed by a licensed lawyer.

How Probate Works in Virginia

Virginia does not have a dedicated probate court. Instead, the Clerk of the Circuit Court in the city or county where the decedent resided handles probate as a matter of statutory authority, through a process Virginia calls "qualification." An executor named in a will, or an administrator if there is no will, appears before the Clerk, takes an oath, and posts bond unless it is waived, in exchange for a Certificate of Qualification proving legal authority to act for the estate.

Because Virginia has not adopted the Uniform Probate Code, its process does not use the formal-versus-informal terminology common in UPC states. In practice, though, it achieves something similar: most estate administration proceeds with relatively light routine court involvement. Rather than needing a judge's order for most estate actions, the personal representative works chiefly with a court-appointed Commissioner of Accounts to file inventories, periodic accountings, and the debts-and-demands claims process. A full contested proceeding before the Circuit Court itself is available when a will contest or a dispute among heirs requires a judge's involvement.

There is no fixed statutory claims-bar deadline the way UPC states use a set creditor-notice period. Instead, after 6 months have passed from the personal representative's qualification, the court may enter a show-cause order under Va. Code § 64.2-556, giving creditors and interested parties a chance to object before distribution to beneficiaries. Because of this 6-month minimum wait, straightforward Virginia estates commonly take roughly 9 to 12 months to fully settle, with complex or contested estates taking longer.

Intestate Succession in Virginia: Who Inherits Without a Will

Under Va. Code § 64.2-200, the surviving spouse's share of a Virginia intestate estate turns on whether every surviving child or descendant is also a descendant of that surviving spouse. If the decedent is survived by a spouse and all surviving children or descendants are also descendants of that spouse, or there are no surviving children at all, the surviving spouse takes the entire estate. If one or more surviving children or descendants are not descendants of the surviving spouse, such as children from an earlier relationship, two-thirds of the estate passes to the children and descendants, while the surviving spouse receives one-third.

If there is no surviving spouse or descendant, the estate passes to the decedent's surviving parents (or the sole survivor), then to siblings and their descendants, and then continues to more distant kindred under Virginia's degree-of-kinship rules. In rare cases with no other heirs, the estate can pass to kindred of a predeceased spouse before it would ever escheat to the Commonwealth of Virginia, which happens only when no qualifying heir of any kind can be found. Virginia is not a community property state, so these separate-property rules govern the entire estate.

One way to make sure your property goes to the people you actually choose, rather than following Virginia's intestate succession order, is to have a valid will in place. recordinglaw.com's free Virginia Last Will and Testament Generator can help you create one, with no account required.

Small Estate and Simplified Probate in Virginia

Virginia offers two simplified paths for smaller estates. The primary one is the small estate affidavit under Va. Code § 64.2-601, available when the entire personal probate estate, excluding real property, does not exceed $75,000. At least 60 days must have passed since death, and no application for a personal representative can be pending or already granted. Successors sign the affidavit and present it directly to banks or other institutions holding the decedent's assets.

A second, even simpler mechanism under Va. Code § 64.2-602 lets a holder, such as a bank, pay or deliver a single "small asset" worth $35,000 or less directly to a successor after the same 60-day wait, without requiring even the formal affidavit process. Estates that exceed these thresholds, or that include real property that needs to be retitled, generally need to go through the standard qualification process described above.

Virginia Estate and Probate Tax

Virginia has no state estate tax and no inheritance tax. Virginia's estate tax was effectively repealed in 2007, when it had been tied to a federal state-death-tax credit that Congress eliminated. Beneficiaries in Virginia do not owe Virginia tax on what they inherit, and estates do not owe a Virginia estate tax regardless of size, confirmed on Virginia Tax's estate and inheritance tax page.

Virginia does, however, impose a separate and much smaller "probate tax" under Va. Code § 58.1-1712, assessed on the value of an estate at the time it is admitted to probate or qualification. This is worth flagging specifically so it is not confused with an estate or inheritance tax: it is a modest recording-type tax tied to the act of probating an estate, not a tax on the estate's overall value the way a true estate tax would be. Details are available on Virginia Tax's probate tax page.

Do You Need a Probate Attorney?

Many straightforward Virginia estates, particularly those that qualify for the small estate affidavit, are routinely handled without hiring a probate attorney. An attorney becomes genuinely valuable when a will contest or dispute among heirs is likely, when the estate includes a business interest or out-of-state property, or when the family situation is blended enough that intestate succession's fixed categories do not match the actual family. For a broader look at how probate works across the country, see Probate by State.

Disclaimer

This article provides general information about probate and intestate succession in Virginia as of the verification date above. It is not legal advice and does not create an attorney-client relationship. It is not a substitute for advice from a probate attorney licensed in Virginia, particularly for a contested estate, a business interest, a blended family, or an estate raising probate tax questions. Figures, thresholds, and statutes change; verify current details directly with the Clerk of the Circuit Court or Virginia Tax before relying on any figure here.

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Last updated: 2026-07-16. Figures and statutes cited reflect their in-force version as of 2026-07-16.