Estate planning basics in Virginia

State rules are general information kept current by Legacy Guard, last reviewed October 21, 2026. Your attorney's advice comes first. Figures that are adjusted each year are given for the year stated.

What this means for your plan

• Virginia has no state estate tax, so only the federal exemption of $15 million per person (2026) applies. Most families will not owe federal estate tax, but a plan still decides who gets what and how smoothly.
• A transfer on death deed can pass your home to a named person without probate. It does not replace a trust, and it needs to be coordinated with one, but it is a simple tool worth asking about.
• Small estate rules only matter if little or nothing goes through probate. A funded trust and up to date beneficiary designations are what keep an estate small in the first place, and that is exactly what the Legacy Guard annual review checks each year.

Questions about Virginia

Does Virginia have an estate tax?

No. Virginia has no state estate tax. The federal estate tax exemption is $15 million per person for 2026.

Does Virginia have an inheritance tax?

No. Virginia does not tax what an heir receives.

Is Virginia a community property state?

No. Virginia is a common law property state. Virginia probate is handled by the circuit court clerk and overseen by a commissioner of accounts, with yearly accountings that make it slower and more paperwork-heavy than it looks. A living trust is commonly used to avoid it.

Does Virginia allow a transfer on death deed for real estate?

Yes. Virginia allows a transfer on death deed for real estate.

What is the small estate limit in Virginia?

Affidavit for personal property up to $75,000, 60 days after death. Real estate cannot pass by affidavit.