Virginia Regulatory Town Hall

Proposed Text


To amend the Tax on Wills and Administration regulation to ...
Stage: Fast-Track

23VAC10-310-20. Levy.

The following are examples of the application or nonapplication of the tax:

1. The tax is imposed even if a will is probated without qualification.

2. A will, already admitted to probate and on which a tax has been paid in a Virginia court, will not be taxed in order to be recorded in any other Virginia county or city where there is real or personal property subject to the will. See § 64.1-94, 64.2-455 of the Code of Virginia.

3. The qualification of an administrator de bonis non (D.B.N.), is ordinarily not subject to tax when the tax has been paid on the original qualification of the personal representative; however, if the estate value has been determined to be in excess of the originally taxed value, the excess is taxable.

4. The filing of an affidavit with the clerk of court relating to real estate of an intestate decedent is not subject to tax. See § 64.1-135 64.2-510 of the Code of Virginia.

5. A recovery for death by wrongful act is not taxable because it does not pass property by will or by intestacy.


23VAC10-310-30. Value of estate.

A.1. Resident. Upon the probate of the will of a resident decedent who owned real, tangible and intangible personal property, the tax is measured by the value of all intangible property wherever located and the value of the real and tangible property located in Virginia. "Resident" means a decedent who was domiciled in the Commonwealth of Virginia at his death.

2. Nonresident. Upon the probate of an authenticated copy of the will of a nonresident decedent, the tax is measured only by the value of the real or tangible property located in the Commonwealth. See § 64.1-92 64.2-450 of the Code of Virginia.

3. B. The following are examples of property not included in the valuation of the estate for purposes of the tax:

a. 1. Property passing by the exercise of a power of appointment.

b. 2. Jointly held property with right of survivorship.

c. 3. Insurance proceeds, unless payable to the estate.

d. 4. Property that passes by inter vivos trust.

e. 5. Bonds payable on debt to a named beneficiary.

4. C. Assets owned as tenants in common or joint tenants without right of survivorship are included to the extent of the interest of the deceased tenant.

5. D. Where a testator owned several parcels of real estate, but only devised certain of the parcels by will, leaving other parcels to pass according to the law of descent, the tax should be based upon all the real estate in the Commonwealth owned by the decedent at the date of valuation, and not only on the value of the parcels devised by will.