Va. Code § 17.1-275(A)(3) · checked 2026-10-20
Probate court fees in Virginia
Virginia sets the fee to open an estate by its value: for a $100,000 estate it is $25, from Va. Code § 17.1-275(A)(3).
- 1$100,000 estate $25
- 2Fee basis Value brackets
- 3Small-estate fee Not listed
- 4Schedule Va. Code § 17.1-275
Fee to open an estate, by value
| Estate value | Fee | How it is worked out |
|---|---|---|
| $25,000 | $20 | estates under $50,000 |
| $50,000 | $20 | estates under $50,000 |
| $100,000 | $25 | estates under $100,000 |
| $250,000 | $30 | top bracket |
| $500,000 | $30 | top bracket |
| $1,000,000 | $30 | top bracket |
Across these six example values the fee runs from $20 to $30. At $100,000, 0 of the 12 fee schedules on this site charge less and 11 charge more.
Other charges in the schedule
| Item | Amount |
|---|---|
| Lodging and preserving a will | $5 |
Subsection (A)(3) covers appointing and qualifying a personal representative; other clerk charges may apply.
Source: Code of Virginia § 17.1-275 (clerk's fees), last checked 2026-10-20. Courts can add copy, certification and publication costs that are not in this schedule.
The small-estate route and its cost
Virginia's simplified procedure is the small asset affidavit (Va. Code § 64.2-601), for estates within $75,000. It is not filed with the court, so there is no court filing fee for the affidavit itself. Check the Virginia limit.
What the court fee does not cover
The schedule above is only the court's own charge, and because it moves with the estate's value, the value stated in the petition decides which bracket applies. Publishing notice to creditors in a newspaper, certified copies of letters, a fiduciary bond where the court requires one, appraisals and recording fees for real estate are billed separately by whoever provides them. Most courts can waive or defer fees for a petitioner who cannot pay; the clerk's office has the request form.
Related: probate court fees compared · what probate is · all fee schedules.
Court fees only, read from the official schedule on 2026-10-20. Not legal advice; Probate Clock does not refer anyone to lawyers. Fee waivers are usually available to people who cannot pay — ask the court clerk.