Virginia Probate Checklist: First Steps After a Death in the Commonwealth

The first week after a death in Virginia is rarely the right time to start reading statutes. But waiting too long to understand what the law requires of you — as a potential executor, heir, or family member — can mean missed deadlines, frozen accounts, and a probate process that runs considerably harder than it needed to.

This checklist covers the practical first steps, the decision about whether probate is actually required, and the actions that will protect you from missteps in the weeks ahead.

Days 1–7: Immediate Actions

Secure certified death certificates. The Virginia Department of Health issues certified death certificates at $12 per copy. You will need them for the Circuit Court, every financial institution, the DMV, insurance companies, pension administrators, and government agencies. Order at least eight to ten. Running out of originals mid-process means delays while waiting for additional copies.

Locate the will. Search the decedent's home files, safe deposit boxes, and attorney's office. If a will exists, it must be submitted to the Circuit Court to be admitted to record — regardless of whether a formal probate proceeding follows. If you cannot locate a will after a thorough search, proceed on the assumption of intestacy (death without a will).

List all assets. Before you can determine whether Virginia probate is required, you need to know what the decedent owned and how each asset was titled. Make a list covering:

• Bank and investment accounts (solely owned vs. jointly held vs. POD/TOD beneficiary)
• Real estate (solely owned vs. jointly held with survivorship vs. TOD deed recorded)
• Vehicles
• Life insurance and retirement accounts (who are the named beneficiaries?)
• Business interests
• Personal property of significant value

Do not move money or transfer property yet. Until you understand the legal framework, any asset movement can create complications. Accounts will be frozen by financial institutions in some cases; others will not be. Wait until you understand what requires probate and what does not.

Do You Actually Need Virginia Probate?

This is the single most important question in the first week. Probate is required only for assets that were titled solely in the decedent's name and do not have a designated beneficiary. Ask this for each asset:

Virginia's Small Estate shortcut. If the total value of solely owned personal property (excluding real estate) is $75,000 or less, heirs can use a Small Estate Affidavit under Virginia Code § 64.2-601 to claim those assets without formal probate qualification — provided at least 60 days have passed since death and no executor has been appointed.

Real estate without a will. Virginia real estate passes directly to heirs at the moment of death by operation of law — even without probate. To clear the title and sell the property, you will file a List of Heirs (Form CC-1611) and a Real Estate Affidavit (Form CC-1612) in the land records, but this does not require opening a full probate estate.

If the answers to the questions above indicate that probate is required, the next step is qualifying at the Circuit Court.

Days 8–30: Qualifying as Executor

If formal probate is needed, schedule an appointment with the Probate Division of the Circuit Court in the county or city where the decedent was domiciled at the time of death. Bring:

• The original will and any codicils (the court retains them permanently)
• At least two certified death certificates
• Valid photo identification
• An estimated value of the decedent's solely owned personal property and any real estate subject to a power of sale
• A preliminary list of the decedent's heirs (names, addresses, relationships)

At the appointment, you will:

1. Submit the will for formal probate (admission to record)
2. Take the fiduciary oath and formally qualify as executor
3. Pay the state probate tax ($1 per $1,000 of estate value over $15,000) and applicable local probate tax and filing fees
4. Resolve the bond question — the clerk will determine whether commercial surety is required or whether it can be waived based on the will's language, beneficiary consent, or the estate's size
5. Receive your Certificate of Qualification — Virginia's equivalent of Letters Testamentary — which proves your legal authority to act for the estate

The 30-Day and 4-Month Deadlines That Start Immediately

Qualification starts two statutory clocks running:

30 days from qualification: Send written Notice of Probate by first-class mail to all heirs at law, all will beneficiaries, and the surviving spouse. File the Affidavit of Notice (Form CC-1617) with the Circuit Court within four months proving this was done.

4 months from qualification: File the estate Inventory (Form CC-1670) with the Commissioner of Accounts. This is the first substantive filing of the administration and the first Commissioner fee trigger. Every asset must be valued at date-of-death fair market value.

Miss the four-month inventory deadline and the Commissioner can initiate proceedings against you. Virginia's Commissioner of Accounts is not passive — they actively monitor and enforce filing deadlines.

The Virginia Probate Timeline in Brief

For straightforward estates, the minimum real-world timeline is typically 6 to 9 months. Complex estates — those with DMAS involvement, contested claims, real estate sales, or tax complications — routinely run 12 to 24 months.

The Virginia Probate Process Guide provides the complete executor timeline with every deadline, every form number, and line-by-line instructions for the filings that the Commissioner of Accounts audits most rigorously.

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