Updated September 7, 2026. Quick answer: In Virginia, virginia requires the court or clerk to require a personal representative to furnish security (bond with surety) by default, unless a specific statutory exception applies.
Does Virginia require an executor to post a bond?
Virginia requires the court or clerk to require a personal representative to furnish security (bond with surety) by default, unless a specific statutory exception applies.
“The court or clerk shall require a personal representative to furnish security. However, the court or clerk shall not require a personal representative to furnish security if:”
Source: Va. Code Ann. § 64.2-505
Can the will waive it in Virginia?
Yes. Security is not required if the will waives security of the executor nominated in it, per Va. Code § 64.2-505(A)(2).
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Can the heirs or beneficiaries waive it in Virginia?
Yes. Security is also not required if all distributees or beneficiaries are themselves personal representatives, or if the personal representative becomes the sole distributee/beneficiary through disclaimer instruments; any interested person may still move the court to require security despite a waiver.
If a bond is required, how much?
When a bond is required, Virginia sizes it at 100% of the estimated value of the personal estate plus expected annual income, per its own bond-amount statute.
“every bond of an executor or administrator shall be, at least, in an amount equal to (i) the full value of the personal estate of the decedent to be administered”
Source: Va. Code Ann. § 64.2-504
What makes Virginia different
Virginia builds in a deliberate check-and-balance: even after a will waives security or all distributees are also personal representatives, § 64.2-505(B) lets any interested person petition to force security back on; and if the court agrees, the estate must pay that movant’s reasonable attorney fees and costs, a fee-shifting feature not seen in other states reviewed.
| Bond-requirement source | Va. Code Ann. § 64.2-505 |
| Virginia courts (general reference) | Virginia judicial branch |
| Confidence | High |
Every statute quoted on this page was read directly from the state’s own legislature/code site this session, or, where that site blocked automated access, from a reputable legal-citation mirror quoting the same official text with its official citation (disclosed below). General information, not legal advice; a probate court has final discretion over bond in every state; confirm your own case with the court or a local attorney before relying on the default described here.
Related: how long creditors have to file a claim against an estate in Virginia.