Forms for Planning and Settling an Estate in Virginia

Free Virginia forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.

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Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

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Last Will and Testament

In Virginia, a will is signed before 2Va. Code § 64.2-403Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyVa. Code § 64.2-403Verified Oct 19, 2026View source.

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Healthcare Power of Attorney

Virginia requires 2Va. Code Ann. § 54.1-2984Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredVa. Code Ann. § 54.1-2984Verified Oct 15, 2026View source.

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Financial Power of Attorney

Virginia treats a power of attorney as durable by defaultVa. Code §§ 64.2-1600 through 64.2-1642Verified Sep 20, 2026View source, and it is signed with no witness or notary requirementVa. Code §§ 64.2-1600 through 64.2-1642Verified Sep 20, 2026View source.

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Pour-Over Will

In Virginia, a pour-over will is signed before 2Va. Code § 64.2-403Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.

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Transfer on Death Deed

In Virginia, a transfer on death deed is signed before a notaryVa. Code 64.2-621 to 64.2-638Verified Oct 19, 2026View source, then recorded with the county before the owner's deathVa. Code 64.2-621 to 64.2-638Verified Oct 19, 2026View source.

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Tools for Planning and Settling an Estate in Virginia

Free calculators and checklists for planning or settling an estate in Virginia: will and trust costs, probate, executor pay, and inheritance taxes.

Trust or Will: Which Costs Less?

In Virginia, a will-based plan pays probate attorney fees of typically 2.5%Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage)Verified Sep 9, 2026View source to 3.9%Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage)Verified Sep 9, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.

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Do I Need a Revocable Trust?

Probate in Virginia takes 6 months to 9 months for a simple estate and charges attorney fees of typically 2.5%Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage)Verified Sep 9, 2026View source to 3.9%Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage)Verified Sep 9, 2026View source of the estate; assets held in a revocable trust skip both.

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What Does Estate Planning Actually Cost?

An attorney-prepared revocable trust in Virginia runs $3,770Estimate: 10 hours at $377, Clio's Virginia Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,655Estimate: 15 hours at $377, Clio's Virginia Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,311Estimate: 3 hours at $437, Clio's Virginia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,622Estimate: 6 hours at $437, Clio's Virginia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.

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How Much Does Probate Cost?

Probate on a $500,000 estate in Virginia costs an estimated $29,411Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage)Verified Sep 9, 2026View source. Attorney fees run 2.5%Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage)Verified Sep 9, 2026View source to 3.9%Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage)Verified Sep 9, 2026View source of the estate under a reasonable-compensation standard.

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Are My Beneficiary Designations Protected?

Virginia automatically revokes an ex-spouse as beneficiary at divorceVa. Code § 20-111.1; § 6.2-607; § 64.2-632(A)(5); § 64.2-412Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.

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What Are the Estate Laws in My State?

Probate on a $500,000 estate in Virginia costs an estimated $29,411Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage)Verified Sep 9, 2026View source and takes 6 months to 9 months for a simple estate, with attorney fees of typically 2.5%Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage)Verified Sep 9, 2026View source to 3.9%Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage)Verified Sep 9, 2026View source of the estate. Estates under $75,000Va. Code § 64.2-600Verified Sep 9, 2026View source can use a small-estate procedure instead.

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