What taxes and fees are associated with probate?

Currently the fees are as follows:

  • The state probate tax is 10 cents per $100 of the estate value at the time of death.
  • The local probate tax is 3.33 cents (one third of 10 cents) per $100 of the estate value at the time of death.
  • The recording fee is $13 for the first four pages of the will, $13 for the List of Heirs, and $1 for each additional page.
  • The qualification fee is based on the value of the estate.
  • The transfer fee will be charged for any real estate taxed in the name of the deceased.
  • Final federal and state income tax, personal property tax, and estate tax returns must be filed for the deceased and the estate as applicable.

Generally, federal and state estate taxes are only due if the gross estate (including life insurance and all property) exceeds $1,000,000 in 2002. For more information on taxes, contact the Internal Revenue Service and the Virginia Department of Taxation.

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