VA estate risk
Probate risk in Virginia
Court-supervised estate process, timing, cost exposure, and public record requirements.
Virginia allows transfer of small assets by affidavit for estates under a statutory cap after a waiting period.
At a glance
Key takeaways
- The personal probate estate must be $75,000 or less.
- At least 60 days must pass after death.
- No personal representative can be pending or appointed in any jurisdiction, and the will (if any) must be probated.
- If there is a will, it must be probated before the small-assets affidavit can be used.
Questions to consider
Questions to consider in Virginia
- How long does probate typically take here?
- What costs and fees should families expect?
- What becomes public during probate?
State overview
Virginia allows transfer of small assets by affidavit for estates under a statutory cap after a waiting period.
- The personal probate estate must be $75,000 or less.
- At least 60 days must pass after death.
- No personal representative can be pending or appointed in any jurisdiction, and the will (if any) must be probated.
- If there is a will, it must be probated before the small-assets affidavit can be used.
Sources
Background sources
- Uniform Probate Code (2019) - Probate of wills and administration
Article III covers appointment, notices, creditor claims, and small-estate collection (Section 3-1201).
National sources provide baseline context; state statutes and court rules control in Virginia.
Optional next steps
Continue with related estate-risk context
Educational resources only. No forms and no legal advice.
Understand death-risk context for Virginia
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Understand retirement-risk context for Virginia
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Review federal estate tax basics
IRS guidance on federal estate tax thresholds, filings, and definitions.