Virginia Probate Costs: Court Fees, Attorney Costs, Bonds, and Commissioner Fees

Most families are blindsided by probate costs. The funeral is paid, the death certificates are ordered, and then the Circuit Court clerk quotes a probate tax, a bond requirement, a Commissioner filing fee, and possibly an attorney retainer — all before any estate work has actually begun.

Here is what Virginia probate actually costs, broken down by category, so you can plan.

The Virginia State Probate Tax

Virginia charges a probate tax at the Circuit Court at qualification. The rate is $1.00 per $1,000 of estate value — effectively 10 cents per $100 — on the portion of the estate that exceeds $15,000.

For example: an estate valued at $200,000 pays a probate tax of $185 ($200,000 minus $15,000 = $185,000 / $1,000 × $1). That is a relatively modest charge.

On top of the state tax, individual cities and counties may levy a local probate tax equal to one-third of the state assessment. If you are in a jurisdiction that imposes this local surcharge, the effective total rate rises. Confirm the local tax with the specific Circuit Court clerk in the jurisdiction where the decedent lived.

Additional clerk-level fees include recording fees for the will (charged per page), the List of Heirs filing (Form CC-1611), and a technology trust fund fee. Budget approximately $75–$150 in total clerk fees for a straightforward filing.

The Fiduciary Bond Requirement

To protect beneficiaries and creditors from fiduciary mismanagement, Virginia requires every qualifying executor or administrator to post a fiduciary bond. The bond amount typically equals the total value of the personal estate (and real estate if you hold a power of sale).

What surety actually costs. The bond itself is the legal obligation. Surety — the insurance premium you pay to a commercial bonding company to back that obligation — is the real cost. Annual surety premiums typically run 0.5%–1% of the bond amount. For a $200,000 estate, expect to pay roughly $250–$500 per year in surety premiums. For a $500,000 estate, the annual premium may reach $1,200–$2,000.

Common waivers. Surety is not always required. The clerk may waive it in several situations:

• The decedent's will explicitly waives surety (common language: "my executor shall serve without bond")
• All beneficiaries consent in writing to waiving surety
• The estate's personal assets total $25,000 or less — in this case, Virginia Code § 64.2-1411 allows the clerk to waive surety entirely and issue a "Qualification Certificate for Small Asset Estate"

If you are a non-resident executor who does not co-qualify with a Virginia resident, expect to be required to post commercial surety regardless of the will's language. Jurisdictions take non-resident fiduciary risk seriously.

Commissioner of Accounts Fees

Once you qualify, the Commissioner of Accounts — a court-appointed, privately funded attorney — supervises your administration. Every major filing triggers a fee payable to the Commissioner's office. These fees are set by the Virginia Supreme Court's Uniform Fee Schedule Guidelines, but individual Commissioner offices retain authority to adjust them.

Inventory fee (Form CC-1670, due 4 months post-qualification):

• Estates up to $50,000: $135
• Estates $50,001–$200,000: $200
• Estates above $500,000: $350

Annual Accounting fee (Form CC-1680, First Account due 16 months post-qualification):

• Estates $0–$50,000: $275
• Estates $50,001–$100,000: $550
• Estates $100,001–$200,000: $675
• Estates $300,001–$500,000: $1,030
• Estates $700,001–$1,000,000: $1,650
• Above $1,000,000: $1,650 plus 0.075% of the amount exceeding $1,000,000, plus a $5 mailing fee

There is no fee cap. Large estates generate very large Commissioner fees.

The Statement in Lieu shortcut. If you are the sole residuary beneficiary — meaning you inherit everything remaining after debts are paid — you can bypass the full itemized annual accounting and file a Statement in Lieu of Settlement (Form CC-1681) instead. The Commissioner charges a flat $250 fee for this filing, no matter how large the estate. On an estate with $400,000 in assets, that is a savings of $755 or more compared to a full First Account.

Attorney Fees

Virginia does not require attorneys for probate (with limited exceptions), but many estates benefit from one. Attorney fee structures in Virginia follow two models:

Percentage-based. Virginia traditionally permits attorneys or fiduciaries to charge 5% of the first $400,000 of estate value, 4% of the next $300,000, 3% of the next $300,000, and 2% of assets exceeding $1 million. On a $300,000 estate, a percentage-based fee could reach $15,000.

Hourly. Estate attorneys in Virginia typically bill between $200 and $400 per hour, often requiring retainers of $2,000–$5,000 for standard administration. A straightforward estate might require 10–20 hours of attorney time; contested or complex estates can run much higher.

For many executors managing straightforward, solvent estates with harmonious beneficiaries, attorney fees in this range are difficult to justify. The cost-benefit shifts when the estate is insolvent, a surviving spouse claims an elective share, Medicaid recovery is involved, or family members are in conflict.

Total Cost Estimates by Estate Size

These estimates assume a testate estate in Virginia without litigation, attorney involvement, or unusual complexity:

These figures exclude attorney fees, which can multiply total costs significantly.

Death Certificates and Vital Records

Death certificates cost $12 per certified copy from the Virginia Department of Health. Order at least six to eight copies at qualification — the court, financial institutions, DMV, insurance companies, and government agencies all require original certified copies.

If a death certificate contains an error (a misspelled name, incorrect marital status, wrong Social Security number), the VDH charges a $10 amendment fee. An uncorrected error can delay every downstream transaction, so request and review the certificate carefully before distributing copies.

The Virginia Probate Process Guide includes a cost planning worksheet that accounts for all fee categories, the complete Commissioner of Accounts fee schedule, and the timing of when each expense falls due during the 16-month administration period.

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