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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
State-specific rules that affect how an estate is handled here.
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.
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.
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.
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.
These are just a few of the Virginia-specific tasks Order surfaces automatically when you select your state.
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.
Surviving spouse's elective share of the augmented estate scales based on the length of the marriage. Review before accepting the will's distribution.
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.
Deeper reading
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-specific
These tasks appear automatically in your checklist when you select Virginia as your state.
Virginia's small-estate affidavit is available when the estate does not exceed $75,000 and at least 60 days have passed since death (Va. Code 64.2-601)
Surviving spouse's share of the augmented estate scales based on the length of the marriage — review before accepting the will's distribution
Submit title transfer with estate documentation