States / Virginia
After a death in Virginia
Where to look for a will, who to ask and where to search for money in Virginia.
The will
Which court handles probate
The circuit court (through its clerk) in the county or city where the person lived handles probate.
"The circuit courts shall have jurisdiction of the probate of wills."
What to do with the original will
We couldn't check this rule at an official source, so we won't guess. Ask the probate court clerk in the county where they lived.
Wills deposited during life
A person may lodge a will with the circuit court clerk where they live ($5 fee), but only where the court has authorized the clerk's office to offer this service. After death the clerk delivers it to a person entitled to offer it for probate.
"The clerk shall carefully preserve the envelope containing the will unopened"
Va. Code § 64.2-409. Read the source.
Opening a safe deposit box
After the sole lessee dies, the bank may allow limited access to the spouse, next of kin, a court clerk or other interested person, under bank supervision, only to look for a will; only the will is removed, for transmission to the clerk.
"the company may permit limited access to the box"
Va. Code § 6.2-2302. Read the source.
Searching for a will or case
Ask the circuit court clerk in the county or city where the person lived whether a will was lodged or probated.
"A will shall be offered for probate in the circuit court in the county or city"
Unclaimed money
Virginia Department of the Treasury
"This is a free and secure service provided by Virginia Unclaimed Property to claim your lost funds."
Instructions for heirs and estates
Source, checked 2026-10-15.
Small estates
A small estate may be able to skip full probate. What counts differs, so check with the court before you rely on a limit.
Payment or delivery by small-estate affidavit
Limit $75,000. Wait 60 days.
Va. Code §64.2-601. Read the rule.
Death certificates
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First copy $15.00, more copies in the same order $15.00 each. Full certified death copies for immediate family. Other people with a direct, tangible interest may receive a Verification of Death. Death records become public after 25 years.
Order from the state. Online vendors add fees.
State will and court rules checked 2026-11-06. See how we check facts or report a mistake. This is general information, not legal advice.