For most Arlington County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a Arlington County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Circuit Court. The two tools that keep a Arlington County home out of probate are a transfer-on-death deed recorded with the Clerk of the Circuit Court, and a revocable living trust that holds title to the property.
Without a recorded beneficiary designation or a trust, Arlington County property passes through the Circuit Court — even simple Virginia probates run 6+ months. Virginia also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.
A transfer on death deed names a beneficiary who receives Arlington County property automatically at the owner's death, without probate. It is recorded with the Clerk of the Circuit Court during the owner's lifetime and can be revoked at any time.
Before recording, a Virginia transfer on death deed is signed with notary acknowledgmentVa. Code 64.2-621 to 64.2-638Verified Oct 19, 2026View source. The deed takes effect only if it is recorded before the owner's deathVa. Code 64.2-621 to 64.2-638Verified Oct 19, 2026View source.
Deeds and other real property documents for Arlington County are recorded with the Clerk of the Circuit Court at 1425 North Courthouse Road, Suite 6200, Arlington, VA 22201. Phone: 1-703-228-4369. Hours: Monday-Friday 8:00 AM-4:00 PM.
The Clerk of the Circuit Court charges $26 for 1-10 pages, $40 for 11-30 pages, $60 for 31+ pages. Recording a 2-page transfer on death deed in Arlington County comes to $30, which is $26 in recording fees plus the $3 Open-Space Preservation Fee (Virginia Outdoors Foundation) and the $1 Land Book Transfer Fee. A transfer on death deed is exempt from transfer tax.
Arlington County accepts electronic recording through Simplifile and CSC.
Recording Office Record
Arlington County
Phone
Hours
Office
Website
E-recording
Fees
Recording fees
| 1-10 pages | $26 |
| 11-30 pages | $40 |
| 31+ pages | $60 |
| Open-Space Preservation Fee (Virginia Outdoors Foundation)Applies to a TOD deed | $3 |
| Land Book Transfer FeeApplies to a TOD deed | $1 |
| Deed Processing FeeNot required for a TOD deed | $20 |
| Paper-Filing Fee (clerks offering electronic land-record filing) | Up to $5.00 per instrument |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
Va. Code 17.1-275 (subdivision A 2), 17.1-279; add-ons at Va. Code 58.1-817, 58.1-3314(3), 17.1-258.3:1 and Appropriation Act Item 3-6.01
Verified October 17, 2026 · Source
FirmArlington, VA
Arlington firm on Clarendon Boulevard serving Arlington, Alexandria, and Fairfax across Virginia, Maryland, and the District. Its probate, estate, and trust administration practice guides personal representatives and trustees through qualification, asset marshalling, and distribution, alongside will and trust drafting.
PracticesEstate PlanningTrust AdministrationProbateWills Trusts
FirmTysons, VA
Tysons firm serving Northern Virginia, Maryland, and the District of Columbia. Builds revocable-trust-centered plans and advanced vehicles — special-needs, charitable, and life-insurance trusts — and handles trust and estate administration, financial powers of attorney, and health-care directives. Founder Deborah Cochran has more than three decades in estate and tax planning.
PracticesEstate PlanningProbateBusiness Succession PlanningCharitable Planning
FirmArlington, VA
Arlington firm on Wilson Boulevard serving Arlington, Alexandria, and the Northern Virginia courts. Handles probate and trust administration for executors and trustees, alongside guardianship and conservatorship petitions for incapacitated adults and minors. Attorney Kyle Epting has focused on estate planning and probate for fifteen years, and the firm offers a free initial consultation.
PracticesEstate PlanningTrust AdministrationProbateConservatorshipand 2 more
FirmAlexandria, VA
Old Town Alexandria firm serving Alexandria, Arlington, Fairfax, Loudoun, and Prince William. Walks executors through the appointed tasks of settling an estate, or handles the probate start to finish, and takes trust administration, guardianship and conservatorship, and contested estates. Also licensed in DC and Maryland, which matters when the estate holds property across the line.
PracticesEstate PlanningTrust AdministrationProbateConservatorshipand 2 more
FirmFairfax, VA
Fairfax firm serving Northern Virginia through the Fairfax County Circuit Court and Commissioner of Accounts since 1980. Handles probate and estate administration for executors and heirs, trust administration, estate and trust disputes and litigation, elder law, and special-needs planning. Provides fixed-price quotes for defined estate matters.
PracticesEstate PlanningProbate LitigationElder LawSpecial Needs PlanningWills Trusts
FirmVienna, VA
Vienna firm serving Fairfax County and the wider Washington region, licensed in Virginia, Maryland, and the District of Columbia. Estate and trust administration and probate are a named practice, alongside elder law, special-needs planning, and international tax and planning for cross-border estates. Offers a complimentary thirty-minute consultation.
PracticesEstate PlanningTrust AdministrationProbateElder LawSpecial Needs Planning
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from Virginia statutes and official state code. How we research.
Free forms for planning your estate in Virginia: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Virginia.
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.
In Virginia, a codicil is signed before 2Va. Code § 64.2-403Verified Oct 19, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonyVa. Code § 64.2-452Verified Oct 25, 2026View source.
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.
In Virginia, a HIPAA release is the federal authorization alone: the state adds no category rule, and the document carries the elements federal law requires, among them an expiration date or an expiration event that relates to the individual45 CFR 164.508(c)(1)(v)Verified Oct 21, 2026View source.
Virginia treats a power of attorney as durable by defaultVa. Code §§ 64.2-1600 through 64.2-1642Verified Oct 21, 2026View source, and it is signed with no witness or notary requirementVa. Code §§ 64.2-1600 through 64.2-1642Verified Oct 21, 2026View source.
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. Virginia does not recognize a Lady Bird deed.
Virginia allows a transfer-on-death beneficiary designation on a vehicle titleVa. Code 46.2-633.2Verified Oct 21, 2026View source, filed through the Virginia Department of Motor Vehicles (DMV) using Form VSA 18.
In Virginia, the living will is the Advance Medical DirectiveVa. Code Title 54.1, Ch. 29, Art. 8 (Health Care Decisions Act), §§ 54.1-2981 to 54.1-2993.1; Art. 9 (Advance Health Care Planning Registry), §§ 54.1-2994 to 54.1-2996Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
Free tools for planning your estate in Virginia: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for Virginia and read its answer.
In Virginia, a will is signed before 2Va. Code § 64.2-403Verified Oct 19, 2026View source witnesses, and notarization is not requiredVa. Code § 64.2-403Verified Oct 19, 2026View source.
Virginia has no statute recognizing a will by the law of the place where it was signedVa. Code § 64.2-407Verified Oct 19, 2026View source, so a will used here is tested against its own rule: 2Va. Code § 64.2-403Verified Oct 19, 2026View source witnesses, and notarization is not requiredVa. Code § 64.2-403Verified Oct 19, 2026View source.
In Virginia, a will-based plan pays probate attorney fees of typically 2.5%Modeled estimate under 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): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source to 3.9%Modeled estimate under 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): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
An attorney-prepared revocable living 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 for an individual, against $0 to $549 up front plus a subscription with an online service.
An attorney-prepared will in Virginia runs $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 $299 up front with an online service, and probate on a $500,000 estate adds about $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.
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
In Virginia, a parent names a guardian for a minor child in a willVa. Code §§ 64.2-1701, 64.2-1702Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18Va. Code § 1-204Verified Sep 16, 2026View source.
Probate in Virginia takes 6 months to 9 months for a simple estate and charges attorney fees of typically 2.5%Modeled estimate under 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): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source to 3.9%Modeled estimate under 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): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source of the estate; assets held in a revocable trust skip both.
Estate planning articles for Virginia.
Estate planning articles for Virginia.
