Build Your Virginia Estate Plan with FREE Documents
The Old Dominion
Explore comprehensive Virginia estate planning resources including FREE Last Will and Testament, Pour-Over Will, Healthcare Proxy, and Financial Power of Attorney forms designed for Virginia requirements.
What Makes Virginia Different
Estate planning in Virginia involves navigating a specific set of state laws that differ in important ways from neighboring states. Understanding these distinctions helps ensure your documents will be valid and your wishes carried out as intended.
Like all states, Virginia recognizes formally executed wills and living trusts as valid estate planning tools. A standard will here requires 2 adult witnesses, and adding a notarized self-proving affidavit can streamline the probate process later. The state also recognizes holographic (handwritten) wills, though these have stricter proof requirements and are more vulnerable to legal challenges.
If you die without a will in Virginia, your heirs must survive you by at least 5 days to inherit anything. This "survival period" exists to prevent property from passing through multiple estates in quick succession when family members die close together in time, such as in an accident.
Smaller estates under $75,000 can use a simplified transfer process that avoids full probate proceedings. Unlike states with formal independent administration statutes (such as California and Texas), Virginia doesn't offer a simplified procedure for executors to petition for reduced court oversight. However, executors typically have statutory authority to manage routine estate matters. For families looking to avoid probate court involvement entirely, a revocable living trust remains the most reliable option.
Virginia Estate Planning Resources
Free estate planning forms, calculators, and checklists for Virginia. No account required.
Virginia Last Will and Testament
Create a free, state-specific will with Virginia's witness and notarization requirements included.
Virginia Pour-Over Will
Transfer assets to your existing trust. Virginia's execution requirements included.
Virginia Healthcare Power of Attorney
Designate someone to make medical decisions on your behalf. Virginia's requirements included.
Virginia Financial Power of Attorney
Designate someone to manage your financial affairs. Virginia's requirements included.
How Much Does Probate Cost in Virginia?
Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.
How Much Can an Executor Charge in Virginia?
Calculate how much an executor (personal representative) can charge for administering an estate. See if your state has statutory fees or uses reasonable compensation.
What's Fair Trustee Compensation in Virginia?
Find out what's fair compensation for serving as trustee. Compare family, professional, and corporate trustee rates based on your situation.
Who Inherits in Virginia?
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
How Many Death Certificates Do I Need in Virginia?
Calculate how many certified death certificates you need based on the assets and accounts you need to close. See state-specific ordering information.
How Much Are Estate & Inheritance Taxes in Virginia?
Calculate federal estate tax, state estate tax (12 states + DC), and inheritance tax (5 states) for an estate or trust.
Do I Need Probate in Virginia?
Answer a few questions to find out if an estate needs full probate, qualifies for simplified probate, or can avoid probate entirely with a small estate affidavit.
How Do I Settle an Estate in Virginia?
Get a personalized checklist for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.
What Are My Duties as Trustee in Virginia?
Step-by-step guide for successor trustees administering a trust. Understand your duties, notification deadlines, and asset management responsibilities.
What Are My Duties as Executor in Virginia?
Complete guide for executors and personal representatives navigating probate. Court filings, creditor claims, and distribution timelines.
What Does a Revocable Living Trust Cost in Virginia?
Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.
What Does a Will Cost in Virginia?
Compare the cost of creating a will. See document costs plus probate fees your heirs will pay. Compare SimplyTrust, Trust & Will, LegalZoom, and attorneys.
How Much Life Insurance Do I Need in Virginia?
Calculate how much life insurance coverage you need. Accounts for income replacement, debt payoff, college funding, and state-specific factors like cost of living and estate taxes.
What Should I Expect When Inheriting in Virginia?
Find out what to expect when inheriting money, property, or other assets. See timeline estimates, inheritance tax implications, and understand what the executor or trustee is handling behind the scenes.
What makes Virginia's estate planning laws unique compared to other states?
Virginia has specific laws regarding revocable living trusts, simplified probate procedures for smaller estates, and unique spousal inheritance rights. The state also allows for streamlined administration processes that can reduce court involvement for certain estate types, making it important to understand these distinctions when creating your estate plan.
