Estate Planning in Virginia

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 2Va. Code § 64.2-403Verified Sep 16, 2026View source 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.

A Virginia healthcare power of attorney is signed before 2Va. Code Ann. § 54.1-2984Verified Jul 15, 2026View source witnesses; notarization is not requiredVa. Code Ann. § 54.1-2984Verified Jul 15, 2026View source. Witnesses must be at least 18 yearsVa. Code Ann. § 54.1-2984Verified Jul 15, 2026View source old. The agent must be at least 18 yearsVa. Code Ann. § 54.1-2984Verified Jul 15, 2026View source old. Giving the agent authority over burial or cremation requires the document to be notarized.

A Virginia financial power of attorney requires neither witnesses nor notarization to be validVa. Code §§ 64.2-1600 through 64.2-1642Verified Sep 20, 2026View source. A notarized signature carries a statutory presumption that it is genuineVa. Code §§ 64.2-1600 through 64.2-1642Verified Sep 20, 2026View source. The document is durable by defaultVa. Code §§ 64.2-1600 through 64.2-1642Verified Sep 20, 2026View source: it stays in effect if the principal becomes incapacitated. A springing power of attorney, one that takes effect only when the principal becomes incapacitated, is permittedVa. Code §§ 64.2-1600 through 64.2-1642Verified Sep 20, 2026View source.

Virginia does not impose a state estate tax or inheritance tax, which means estates are only subject to the federal estate tax (currently exempting the first $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source per person, or $30,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source for married couples using portability). This is a meaningful advantage over the states that layer their own death taxes on top of the federal system.

Virginia does not require a revocable living trust to be notarizedVa. Code § 64.2-700 et seq.Verified Jul 15, 2026View source. Virginia allows transfer-on-death deeds for real estate, enabling property to pass directly to named beneficiaries without probate. This is a significant probate avoidance tool that doesn't require creating a trust. Transferring property into a revocable trust does not trigger a property tax reassessment in Virginia, so property taxes remain at their current level. Virginia fully enforces no-contest clauses in trusts and wills. A beneficiary who unsuccessfully challenges the document can lose their entire inheritance, which strongly discourages frivolous disputes.

Virginia automatically revokes an ex-spouse as beneficiary on life insurance, retirement accounts, and similar designations upon divorce. However, these automatic revocations can be overridden by a divorce decree or by re-designating the ex-spouse after the divorce.

Virginia authorizes remote online notarization (RON), allowing trusts, healthcare directives, powers of attorney to be notarized via video call from anywhere. However, wills are excluded from RON and still require in-person notarization.