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State Guide

Virginia

What Virginia law actually says about death, probate, cremation, advance directives, and estate taxes. No legal jargon. No upselling. Just what you need to know.

Someone just died in Virginia? The first 24 hours, step by step →

Guide Status

Last reviewed June 2026

Laws change. Each section shows when it was last verified. Always confirm with a licensed Virginia attorney for your specific situation.

This is general information, not legal advice. Virginia law changes. Your situation is specific. For anything that matters, talk to a licensed Virginia attorney. Find one here →

Death Certificates

At a Glance

3
days to file
after death
25
years
confidential
$12
certified
copy fee
Death occursRestricted (25 yrs)Public record

File within 3 days · Restricted for 25 years · Then public

The 3-day rule.

In Virginia, a death certificate must be filed within 3 days of death and before the body is buried or cremated. The funeral director prepares the certificate; the attending physician certifies the cause of death. (Va. Code 32.1-263)

Order at least 10 certified copies. Banks, insurance companies, and government agencies all require originals.

Who files it.

The funeral director or person in charge of final disposition files the death certificate with the local registrar. The attending physician must complete the medical certification within 24 hours of being notified.

Who can order copies.

Immediate family members, legal representatives, and persons with a direct and tangible interest can order certified copies.

  • Virginia Department of Health Vital Records: vdh.virginia.gov/vital-records
  • Cost: $12 per certified copy
  • Expedited service available through VitalChek

How do I get a death certificate in Virginia?

Order certified copies from Virginia's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in Virginia?

$12 per certified copy in Virginia, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

Related questions

At a Glance

$75k
small estate
threshold
simplified
process available
9-18 mo
typical
timeline

Small estate threshold vs. national average

US avg $50k
$0$150k+

When probate is required.

Virginia requires probate for estates with solely-owned assets exceeding $75,000. Estates below this threshold may qualify for a simplified small estate affidavit; the limit was raised from $50,000 effective July 1, 2025 (2025 Acts ch. 148). (Va. Code 64.2-601)

Virginia probate typically takes 9-18 months. The Circuit Court in the city or county where the deceased lived oversees the process.

If you die without a will.

Virginia intestate succession (Va. Code 64.2-200) determines who inherits:

  • Surviving spouse only (no descendants): gets everything
  • Spouse + descendants all from that spouse: spouse gets everything
  • Spouse + descendants from a prior relationship: spouse gets one-third; descendants split the remaining two-thirds
  • No spouse, descendants survive: descendants inherit equally
  • No spouse or descendants: parents, then siblings, then more distant relatives

What goes through probate.

Only assets owned solely by the deceased without beneficiary designations. Joint tenancy property, accounts with named beneficiaries, and life insurance pass outside probate automatically.

How long does probate take in Virginia?

A straightforward Virginia probate typically runs 9-18 mo, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in Virginia?

$75,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Virginia?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Virginia allow transfer-on-death deeds?

Yes. Virginia authorizes the transfer on death deed under Va. Code sections 64.2-621 to 64.2-638 (Uniform Real Property Transfer on Death Act). Record it while you are alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. Virginia adopted the uniform act in 2013; the deed must be recorded before death and is revocable at any time while the owner is alive.

Source: Va. Code sections 64.2-621 to 64.2-638 (Uniform Real Property Transfer on Death Act)

Related questions

Dying Without a Will

Last verified: July 17, 2026

Source: Va. Code § 64.2-200

Die without a will in Virginia and this law picks your heirs.

If you die intestate (without a valid will) in Virginia, Va. Code § 64.2-200 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

Before anything escheats, Virginia hands the estate to the family of the decedent's most recent spouse: in-laws inherit before the Commonwealth does.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

  • Spouse only (no descendants or parents): everything.
  • Spouse + parents (no descendants): everything; parents get nothing.
  • Spouse + joint descendants: everything.
  • Spouse + blended family: one-third to the spouse; two-thirds to the decedent's children and their descendants.
  • Source: Va. Code § 64.2-200

Children's shares.

The decedent's children and their descendants take everything.

No spouse, no children: the line of succession.

After descendants the estate goes to the parents, then to siblings and their descendants, then splits half to each parent's kindred (grandparents, aunts and uncles, great-grandparents, and so on without end); if neither parent has kindred it goes to the kindred of the decedent's most recent spouse, and only then does it escheat to the Commonwealth (Title 55.1, ch. 24).

Related questions

Advance Directives & Healthcare Wishes

At a Glance

18
min. age
2
witnesses
required
notary
required

Living Will

Specifies end-of-life care wishes

Healthcare Proxy

Names a decision-maker for you

DNR / POLST

Do-not-resuscitate orders

Virginia Advance Medical Directive.

Virginia recognizes an Advance Medical Directive under Va. Code 54.1-2983. This combined document can appoint a healthcare agent and specify your wishes for end-of-life care.

Virginia provides a statutory form for advance directives. Download from the Virginia Department of Health.

Healthcare Agent.

The Virginia advance directive can designate a healthcare agent to make medical decisions when you cannot. The agent can make decisions in any situation where you lack capacity, not just terminal illness.

VAPOST (Virginia Physician Orders for Scope of Treatment).

Virginia uses the VAPOST form for seriously ill patients. The VAPOST is a medical order signed by a physician that provides specific instructions for CPR, medical interventions, and artificial nutrition.

Where do I get Virginia's advance directive form?

The controlling law is Va. Code 54.1-2983 et seq. (Virginia Advance Medical Directive Act), linked as this section's source. Most people use the free statutory form: Virginia's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Virginia require a notary or witnesses for an advance directive?

Virginia requires 2 adult witnesses; notarization is not required. Anyone 18 or older of sound mind can make one.

Related questions

Cremation & Burial

At a Glance

24hour minimum waiting period before cremation
This state
24 hrs (shortest)72 hrs (longest)
Cremation permit
Written authorization
Home burial allowed

Cremation regulations.

Virginia requires a cremation permit from the local registrar before cremation. Crematories must be licensed by the Virginia Department of Professional and Occupational Regulation (DPOR).

Right of disposition.

Virginia law (Va. Code 54.1-2825) establishes a priority order: (1) the deceased's written instructions, (2) designated agent, (3) surviving spouse, (4) adult children by majority, (5) parents, (6) siblings, (7) other relatives.

Virginia allows you to designate a disposition agent in a signed document. This takes precedence over next-of-kin.

Green burial.

Green burial is permitted in Virginia. Natural burial is allowed at cemeteries that permit it. Virginia has several dedicated green burial grounds.

Related questions

Estate Taxes

At a Glance

State Estate Tax
NONE
No state-level estate tax
Inheritance Tax
NONE
No inheritance tax
Federal Estate Tax
Up to 40%
Applies above
$15.00M (2026)

No Virginia estate tax.

Virginia does not impose a state estate tax. Virginia's estate tax was phased out in 2007 when the federal state death tax credit was eliminated.

No Virginia inheritance tax.

Virginia does not impose an inheritance tax. Beneficiaries inheriting assets from a Virginia decedent pay no state-level inheritance tax.

Federal estate tax.

Virginia residents are still subject to the federal estate tax. The federal exemption is $15 million per individual in 2026.

The One Big Beautiful Bill Act (2025) made the higher federal exemption permanent: $15 million per person for 2026, indexed for inflation.

Does Virginia have an estate tax?

No. Virginia has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.

Does Virginia have an inheritance tax?

No. Virginia does not tax inheritances. Heirs owe no state tax on what they receive.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

Related questions

At a Glance

18+
to register
How to Register
Online
DMV
Donor card
Family Override
Binding
Your decision is legally binding
State registry: Donate Life Virginia

The Virginia Donor Registry.

Virginia maintains a donor registry through Donate Life Virginia. Registration through the Virginia DMV when obtaining or renewing a driver's license is the most common method.

Your family cannot override your registration.

Under the Virginia Revised Uniform Anatomical Gift Act (Va. Code 32.1-291.1), a registered donor's decision is legally binding. Tell your family anyway to reduce conflict and delays.

How to register.

Register online at donatelifevirginia.org, at any Virginia DMV location, or by completing a donor card.

  • Online: donatelifevirginia.org
  • At the Virginia DMV when renewing your license
  • Donor card: available from Donate Life Virginia

Related questions

Need Help in Virginia?

Some of this requires a Virginia attorney.

Wills, trusts, advance directives, and probate all benefit from a licensed professional. We have compiled a directory of funeral directors, grief counselors, hospice providers, and financial advisors. Sorted by state. Before a listing appears, we check the provider's phone and address against the provider's own website.

Find Help in Virginia

From The MORTL Edit

Read when you're ready.

Sources: Code of Virginia (law.lis.virginia.gov), Virginia Department of Health (vdh.virginia.gov), Virginia Department of Taxation, Donate Life Virginia, Virginia State Bar. This guide is reviewed periodically and updated when laws change. Last full review: June 2026.

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