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The Probate Bond Experts
Licensed to issue personal representative and guardian bonds for the Circuit Court in every Virginia county and independent city. Fast approval, competitive rates, and real probate expertise.
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Complete a short application. Most people finish in just a few minutes.
When approved, bond issued within 24 hours or instant when qualified.
A probate court bond protecting heirs. Includes the executor bond (with a will), administrator bond (no will), and general personal representative bond.
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A court fiduciary bond protecting incapacitated adults. Includes the guardianship bond and financial conservator bond to prevent asset exploitation.
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A probate surety bond protecting kids' assets. Includes the guardianship bond for minors and guardian of the estate bond to preserve funds.
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A fiduciary surety bond protecting beneficiaries. Includes the trustee bond (or trust bond) to ensure legal, ethical trust management.
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Probate in Virginia is handled before the Clerk of the Circuit Court in each county and independent city, where the will is probated and the personal representative qualifies. A Commissioner of Accounts, appointed by the Circuit Court, then oversees fiduciaries by reviewing the inventory and the annual accountings.
Virginia is not a Uniform Probate Code state. It administers estates under Title 64.2 of the Virginia Code. The estate fiduciary is called the personal representative, an executor when named in a will and an administrator when appointed without one. Virginia is also unusual in having independent cities, each its own jurisdiction with its own Circuit Court, separate from any county.
Virginia imposes no state estate tax, which was repealed in 2007, and no inheritance tax, so most estates face only the federal estate tax, which reaches only very large estates.
When a Virginia bond requires surety, the amount is set by the Circuit Court Clerk under Title 64.2:
Virginia requires a bond of every personal representative, but whether it needs surety turns on the will and the statute. Under Title 64.2:
Qualifying in a Virginia estate follows Title 64.2 and Circuit Court practice:
When a Virginia bond requires surety, the cost is a premium paid to the surety company. When the will waives bond, the bond is given without surety and there is no premium.
Beyond the standard personal representative bond, Virginia probate practice uses several additional bond types:
Virginia does not run a licensing board for private professional fiduciaries, but Title 64.2 and the Commissioner of Accounts system place clear duties on every personal representative:
You can check pricing or apply online once you know the bond type ordered by the court. Applications must match the bond type and amount specified in your court order or legal documents.
APPLY NOWYes. Every personal representative must give a bond before performing the duties of the office. Whether the bond needs surety depends on the will and the law. A will that waives bond lets the bond be given without surety, while otherwise surety is required.
Surety is required unless the will directs that the personal representative serve without bond or Virginia law waives security. When there is no will, an administrator generally must post surety because there is no will to waive it.
When the bond requires surety, most Virginia probate bonds cost about 0.5% to 1% of the bond amount per year for well-qualified applicants, so a $100,000 bond commonly runs $500 to $1,000 per year. Without surety there is no premium.
The bond is set in the amount of the value of the personal estate, and where the personal representative has the power to sell real estate, the value of that real estate as well, so the bond covers what the representative controls.
Most Virginia probate bonds are issued within 24 hours of a completed application, and qualified applicants can often be approved the same day. We keep the process moving so you can qualify before the Circuit Court Clerk without delay.
Yes. Credit is one factor but not the only one. We work with multiple surety companies and can often find an approved program for applicants with credit challenges, sometimes with a co-signer or collateral.
Probate is handled before the Clerk of the Circuit Court in each county and independent city, where the will is probated and the personal representative qualifies. A Commissioner of Accounts then oversees the fiduciary's inventory and accountings.
The Commissioner of Accounts is appointed by the Circuit Court to supervise fiduciaries. The personal representative files an inventory and annual accountings with the Commissioner, who reviews them and reports to the court.
No. Virginia repealed its estate tax in 2007 and has no inheritance tax, so most estates face only the federal estate tax, which reaches only very large estates.
Virginia is unusual in that its independent cities are separate jurisdictions from any county, each with its own Circuit Court. Probate for a decedent who lived in an independent city takes place in that city's Circuit Court.
Usually yes. When a person dies without a will, there is no will to waive security, so the administrator generally must post surety on the bond, most often through a bonding company.
The bond is a promise to faithfully carry out the duties of the office, protecting the heirs, creditors, beneficiaries, and the Commonwealth as their interests relate to the estate, if the personal representative fails to perform.
When a bond is required, it stays in force until the estate is settled and the accounts are approved by the Commissioner of Accounts and the court. Any premium is charged annually until that point.
Yes. A nonresident executor or administrator must designate a Virginia resident agent or qualify together with a Virginia resident co-fiduciary, so the court and interested persons can reach the fiduciary.
No. A probate bond is a surety bond, not insurance for the fiduciary. It protects the heirs, beneficiaries, creditors, and the Commonwealth. If the surety pays a claim, the personal representative is legally obligated to repay the surety.
A small estate affidavit can be used in place of qualifying when the value of the decedent's estate does not exceed $75,000. In that case a bonded personal representative is generally not involved.
Often yes. A guardian or conservator of a protected person's estate is generally required to post a bond tied to the value of the estate under management, under the continuing supervision of the court.
You give the bond when you qualify before the Clerk of the Circuit Court in the county or independent city where the decedent resided, and surety is posted on the bond where the will or the law does not waive it.
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FIND OUT MOREFind Virginia Probate Courts by County
Once you have your bond, or if you need court addresses, phone numbers, filing hours, and local forms, visit our Virginia probate court directory. We list every county court in Virginia with contact information and links to local forms.
Virginia Probate Court Directory