Estate Law · Virginia
Virginia estate planning rules
State-specific rules that affect how your estate is distributed, how probate works, and what planning steps matter most for Virginia residents.
- Virginia's small-estate affidavit is capped at $75,000Virginia's small-estate affidavit is only available for estates up to $75,000. Any home exceeds that limit, sending the estate through full probate by default.
- Virginia intestacy gives the surviving spouse the entire estate when descendants are mutualVirginia intestacy: spouse takes entire estate with mutual descendants; with prior-relationship descendants, spouse takes 1/3 and descendants take 2/3.
- Virginia recognizes attested wills, holographic wills, and harmless-error willsVirginia recognizes attested wills, holographic wills (entirely handwritten), and harmless-error wills. Flexible UPC framework.
- Virginia small-estate affidavit handles personal property up to $50,000 without probateVA small-estate affidavit allows personal property collection up to $50,000 without probate. 60-day waiting period. Real property not covered.
- Virginia's Uniform Power of Attorney Act provides default-durable POAsVirginia's Uniform Power of Attorney Act makes POAs durable by default. Hot powers must be expressly enumerated. Third-party acceptance protections apply.
- Virginia's augmented estate elective share gives surviving spouse one-third with marriage-length factorVirginia elective share scales with marriage length: 3% (under 1 year) up to 50% (15+ years) of the augmented estate. Marriage-length sliding scale.
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Check your situationThis information is educational, not legal advice. For complex situations, consult a licensed Virginia attorney.