Probate cost in Virginia
In Virginia, estates up to $75,000 can often skip full probate. For a $300,000 estate, the court fee is set by each county.
Virginia's small estate limit is $75,000. Above it, the estate usually goes through probate.
- Court fee to open probatevaries by county
- Attorney fee sourceNo legal schedule: set by agreement or the courtset by agreement
- Executor fee sourceNo legal schedule: set by agreement or the courtset by agreement
Probate total$0+
The total leaves out the costs shown without a number.
- Quicken WillMaker & Trust Plus sourceOne-time price for one person$149
- Yearly feeoptional yearly renewal$40
- Moving a home into the trustSet by your county recordercounty recording fee
Trust total$149+
Assets left outside the trust can still need probate.
Probate cost by estate size
| Estate value | Court fee | Attorney (law) | Executor (law) | Total |
|---|---|---|---|---|
| $100,000 | not set by law | not set by law | not set by law | $0+ |
| $250,000 | not set by law | not set by law | not set by law | $0+ |
| $500,000 | not set by law | not set by law | not set by law | $0+ |
| $1,000,000 | not set by law | not set by law | not set by law | $0+ |
"Not set by law" means the fee is agreed with the lawyer or set by the court, so it is not in the total. Use your own numbers.
The rules in Virginia
- Small estate limit: $75,000 (Small asset affidavit (Va. Code 64.2-601)). Does not cover real estate. Heirs wait 60 days after the death. Limit is the decedent's entire personal probate estate at death, wherever located. Any will must first be probated. Uses a form from the Office of the Executive Secretary of the Supreme Court. Date of last change not captured. Source
- Court fee: Set by each county. Statewide parts for a $300,000 estate: state probate tax 10 cents per $100 = $300 (none on estates of $15,000 or less, Va. Code 58.1-1712) plus a $30 clerk fee for qualifying a fiduciary on an estate over $100,000 (Va. Code 17.1-275(A)(3)) = $330 (both from the raw pass, not re-read). A city or county may add a local probate tax equal to one-third of the state tax (Va. Code 58.1-1718, read: $100 here, so $330 to $430. Will recording fees are extra. Source
- Attorney fee: No legal schedule: set by agreement or the court. No statutory schedule. Va. Code 64.2-1208(A): the commissioner of accounts allows the fiduciary any reasonable expenses; attorney fees are paid as such expenses (the section does not name attorneys). Source
- Executor fee: No legal schedule: set by agreement or the court. Va. Code 64.2-1208(A): 'a reasonable compensation in the form of a commission on receipts or otherwise'. Commissioners of accounts use local fee guidelines that are not statute. Institutional fiduciary fee schedules named in a will get extra protection (64.2-1208(B)). Source
Some Virginia rules could not be checked on a current official page. Each rule links to the source we used. Confirm with the court or a lawyer before you rely on it.
General information from official state sources, not legal advice.