Being named executor in Virginia is a 12–18 month job nobody trained you for. This is the whole sequence — what Virginia requires of you, what is merely sensible, and which statute each requirement comes from.
Inventory due to the Commissioner of Accounts within 4 months after the order conferring authority.read at source
4 months
Va. Code §64.2-1300 · last checked 2026-09-05
No hard creditor non-claim bar; an optional Debts and Demands hearing through the Commissioner of Accounts gives protection before distributing.not yet confirmed
no non-claim bar
Va. Code §64.2-550, §64.2-556 · last checked 2026-07
Virginia has no estate or inheritance tax; a probate tax of about $0.10 per $100 of estate value applies (plus any local tax).not yet confirmed
$0.10 per $100
Va. Code §58.1-1712 et seq. · last checked 2026-07
"Reasonable compensation" with no statutory percentage. Each circuit's Commissioner of Accounts publishes a guideline scale and audits the account against it; the widely-used scale is 5% of the first $400k of inventory value, 4% of the next $300k, 3% of the next $300k, 2% above $1M, plus 5% of income receipts. LOCAL to each circuit, and guidelines rather than law. Compensation can be forfeited if the account is filed late.read at source
5/4/3/2% guideline
Va. Code §64.2-1208; Commissioner of Accounts guidelines · last checked 2026-09-05
Virginia specifics (verified against public sources July 2026 but NOT yet reviewed by an attorney -- confirm with the Circuit Court (Clerk) or a probate attorney): probate is handled in the Circuit Court (Clerk). File an inventory with the Commissioner of Accounts within 4 months of qualification (Va. Code 64.2-1300). Virginia has no strict creditor non-claim bar; a general 1-year limitation applies. You may hold an optional Debts & Demands hearing through the Commissioner of Accounts to gain protection before distributing (Va. Code 64.2-550, 64.2-556). Virginia has NO estate or inheritance tax (there is a small probate tax of about $0.10 per $100). The federal estate tax applies only to very large estates. General information, not legal advice.
Steps are grouped the way the work actually arrives. Required marks a duty backed by a citation; Recommended marks something that protects you or the estate but is not itself a legal obligation.
Nearly every institution requires an original certified copy.
How: Order through the funeral home or the state vital-records office.
The original signed will is required to open probate.
How: Check the safe, files, and safe-deposit box; ask their attorney.
You are responsible for protecting estate property from loss.
How: Lock up, collect keys, consider re-keying, keep utilities on for now.
The mail reveals accounts and bills you don't know about.
How: USPS forwarding as 'representative for the estate of...'. Photograph everything into Settle.
Stops benefit payments that would have to be repaid. Survivor benefits are separate — nobody starts them for you.
How: The funeral home usually reports the death — confirm by calling SSA at 1-800-772-1213. If a surviving spouse or child may qualify for survivors benefits or the $255 lump-sum death payment, they must apply themselves; you cannot apply online. Ask about the benefit paid for the month of death, which often has to be returned.
Small estates can often skip full probate -- faster and cheaper.
How: A small-estate affidavit is available for a personal probate estate of $50,000 or less, usable 60 days after death (Va. Code 64.2-601).
Gets you the letters of authority so institutions will deal with you.
How: File in the Circuit Court (Clerk) in the county where they lived.
Statements, deeds, titles, and tax returns recur constantly through settlement.
How: Photograph everything into Settle as you find it.
Vacancy can limit or void coverage; an uninsured loss drains the estate.
How: Call the insurer and ask about a vacancy endorsement.
Needed for the estate bank account and tax filings.
How: Free at irs.gov, 15 minutes online.
Never mix estate money with your own.
How: Bring the letters, EIN, and a death certificate to the bank.
Virginia has no strict creditor non-claim bar; a general 1-year limitation applies. You may hold an optional Debts & Demands hearing through the Commissioner of Accounts to gain protection before distributing (Va. Code 64.2-550, 64.2-556).
How: Publish and mail the required notices; track claims in Settle.
Freezes accounts against fraud; starts transfers.
How: Write to each institution with a certified death certificate and, once the court issues them, a copy of your Letters. Log who you contacted and when in Settle so you can show the follow-up trail.
Policies pay beneficiaries directly and often quickly.
How: Call each insurer with policy number + death certificate.
Stops fees and identity theft.
How: Notify issuers, then Equifax, Experian, TransUnion.
Small drains add up over a long settlement.
How: Bank statements and forwarded mail reveal them.
File an inventory with the Commissioner of Accounts within 4 months of qualification (Va. Code 64.2-1300).
How: Settle's inventory report gives you the asset list with date-of-death values.
Va. Code §64.2-1300 · last checked 2026-09-05read at source
Date-of-death values set tax basis and drive distribution.
How: Real estate: appraisal or broker opinion. Keep reports in Settle.
Protects estate value; order of payment matters if funds are tight.
How: Estate account only. If the estate may be insolvent, pause and get advice.
Virginia has NO estate or inheritance tax (there is a small probate tax of about $0.10 per $100). The federal estate tax applies only to very large estates.
How: A CPA or estate attorney can confirm what applies and prepare any required return. Hand them Settle's inventory and ledger.
A final personal return (and possibly an estate income return) is due.
How: A CPA experienced with estates is usually worth it -- hand them Settle's reports.
Va. Code §58.1-1712 et seq. · last checked 2026-07not yet confirmed
Documented expenses come back to you from the estate.
How: Settle's ledger tracks 'paid personally' items; reimburse with a paper trail.
Distribute only after debts, taxes, and the creditor period are handled -- early distribution can create personal liability.
How: Follow the will (or state intestacy rules). Get signed receipts; keep them in Settle.
The court discharges you once the estate is settled.
How: Generate Settle's Ledger and Inventory reports; file the final account. Keep records for several years.
Settle builds this checklist into a plan you can actually work
The steps above, ordered for your situation in Virginia, with the deadlines on a calendar, your documents attached to the step that needs them, and an expense ledger for everything the estate owes you back. The plan itself is free.
Every figure on this page links to the statute or court source it came from and shows the date we last read it. 3 of the 6 citations on this page carry the “not yet confirmed” tag. That means we recorded the citation from a secondary source and have not yet read it against the primary statute text ourselves. We could have left those rows out and the page would look better — but it would imply the rest were checked too, which is exactly the impression nobody should be given about a court deadline.
The full registry, including everything we have not confirmed, is published at Where the state information comes from. If the court or your attorney gave you a different date, please tell us at [email protected] — it is the fastest way to get it fixed for the next executor.