Virginia living trusts & estate documents

Living trust law in Virginia

A revocable living trust holds your home, accounts, and other property during your life — you stay in full control as trustee and can change or revoke it any time — then passes it to your beneficiaries without probate when you're gone. In Virginia, trusts are governed by the Virginia Uniform Trust Code, Va. Code §64.2-700 et seq..

Avoiding probate in Virginia

Probate in Virginia is governed by the Va. Code Title 64.2 and handled by the Circuit Court. Probate is handled by the circuit court clerk; the Commonwealth uses commissioners of accounts for oversight.

Virginia's Small Estate Act allows payment or delivery of small assets by affidavit when the entire personal probate estate is $75,000 or less and 60 days have passed since death (Va. Code § 64.2-601). That simplified procedure is set out in Virginia Small Estate Act, Va. Code §64.2-601. A funded living trust passes outside probate entirely, whatever the size of the estate — which is why Virginia homeowners in particular set one up. Virginia also authorizes a transfer-on-death deed (Va. Code Ann. § 64.2-621 et seq.) to pass real estate outside probate — a living trust does the same for every asset, not just real estate.

Estate and inheritance tax in Virginia

Virginia imposes no estate tax and no inheritance tax: Virginia has no estate or inheritance tax. The separate federal estate tax reaches only estates above $15 million per person (2026, adjusted yearly), so most families never owe it.

Protecting a surviving spouse in Virginia

A surviving spouse in Virginia who is left out of the will can instead claim an elective share of 50% of the marital-property portion of the augmented estate, which rises with the length of the marriage under Va. Code § 64.2-308.3 — a protection the will itself cannot override.

Virginia also sets aside a homestead allowance of $25,000, plus a family allowance up to $30,000 for a surviving spouse and minor children (Va. Code § 64.2-311), protected ahead of most creditors.

Signing your Virginia documents

1. Sign the living trust. Executed and acknowledged before a notary.
2. Sign the will. Two witnesses; notarized self-proving affidavit included (standalone and pour-over wills).
3. Sign the power of attorney. Sign your Durable Power of Attorney before a Notary Public.
4. Sign the health care documents. Sign your Advance Health Care Directive in the presence of two adult witnesses, who then sign the witness statements (each part of the form that shows witness lines is signed the same way). The eligibility rules printed on the form govern who may serve.
5. Follow your package instructions. Your package includes page-by-page signing instructions written for Virginia — follow those as the authoritative guide.

Serving all of Virginia

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