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    Virginia guide

    What to do when someone dies in Virginia

    Virginia is one of the strongest states for veteran benefits. Surviving spouses of veterans with 100% service-connected total and permanent disability receive a full real property tax exemption that continues as long as they occupy the home. Probate runs through Circuit Court.

    Content updated: October 2026

    What's unique in Virginia

    State-specific rules that affect how an estate is handled here.

    Full property tax exemption for surviving spouses

    Virginia provides a full real property tax exemption for surviving spouses of veterans with 100% service-connected total and permanent disability. The exemption continues as long as the surviving spouse occupies the home. Contact your city or county commissioner of the revenue.

    Circuit Court probate

    Virginia probate runs through Circuit Court in the city or county where the deceased lived. A small estate affidavit is available when the personal probate estate is $75,000 or less.

    Elective share rights

    A surviving spouse in Virginia has elective share rights to a portion of the augmented estate. The share scales based on the length of the marriage.

    State income tax and VRS

    Virginia has its own income tax. A final state return must be filed. If the deceased was a Virginia Retirement System (VRS) member, survivor benefits need to be claimed separately.

    A glimpse at what Order covers in Virginia

    These are just a few of the Virginia-specific tasks Order surfaces automatically when you select your state.

    File for Virginia probate in Circuit CourtLegal & Estate

    Small estate affidavit when the personal probate estate is $75,000 or less. Real property requires formal Circuit Court probate. Virginia also assesses a probate tax at filing — a percentage of gross probate estate value, due at the time letters testamentary are issued.

    Review Virginia elective share rightsLegal & Estate

    Surviving spouse's elective share of the augmented estate scales based on the length of the marriage. Review before accepting the will's distribution.

    Claim Virginia Retirement System (VRS) survivor benefitsFinancial Affairs

    If deceased was a VRS member, survivor benefits may be available — but only if the member elected a survivor option at retirement. Contact VRS directly with the member's ID.

    Plus dozens more tasks across all 8 categories: funeral arrangements, digital accounts, dependents, and more.

    What families commonly miss in Virginia

    • Virginia requires most estates to go through a Commissioner of Accounts — a court-appointed officer who reviews all estate accountings before assets can be distributed. Families who haven't encountered this before often aren't expecting it.
    • Many Virginia families are surprised to encounter a probate tax they didn't know existed — it's assessed on assets passing through the estate, due at the time of filing, calculated as a percentage of gross probate estate value, and is completely separate from any income or estate tax.
    • Surviving spouses of Virginia veterans who qualify for the property tax exemption often don't realize it has to be applied for — it doesn't activate automatically, and missing the application window to the local Commissioner of the Revenue means losing the benefit.

    Deeper reading

    Probate: what families need to know

    Probate rules vary significantly by state. Our full guide explains the process, timelines, and how to avoid common delays in Virginia.

    Military families in Virginia

    Virginia has additional veteran & survivor benefits

    • Apply for Virginia full real property tax exemption (surviving spouse of 100% disabled veteran)
    • Contact a Virginia national cemetery for burial
    • Contact Virginia Department of Veterans Services for benefits help

    Virginia-specific

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