Estate Planning for Fairfax County, Virginia Property Owners

For most Fairfax 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.

Record a TOD deedWhere to recordLocal attorneys

For a Fairfax 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 Fairfax 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.

Skipping this planning step means the Circuit Court decides who receives the property: a simple Virginia probate takes 6+ months. Virginia also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.

Record a Transfer-on-Death Deed in Fairfax County

A transfer on death deed names a beneficiary who receives Fairfax 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.

Create a Virginia TOD deed →Fairfax County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for Fairfax County are recorded with the Clerk of the Circuit Court at 4110 Chain Bridge Road, Fairfax, VA 22030. Phone: 1-703-246-4111. 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. A 2-page transfer on death deed costs $30 to record in Fairfax County, 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.

Fairfax County accepts electronic recording through Fairfax Circuit Court EFS (Simplifile, CSC and ePN).

Recording Office Record

Clerk of the Circuit Court

Fairfax County

Hours

Monday-Friday 8:00 AM-4:00 PM

Office

4110 Chain Bridge Road, Fairfax, VA 22030

Open in Google Maps

Fax

1-703-273-6564

Verified October 17, 2026 · Source

Estate Planning Attorneys Serving Fairfax County

FirmFairfax, VA

Hale Ball Murphy, PLC

Serves 4 counties

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

Office
10511 Judicial DriveFairfax, VA 22030

FirmFairfax, VA

Northern Virginia Trusts & Estates

Serves 4 counties

Fairfax estate-planning practice serving Northern Virginia families across Fairfax County and the Vienna, Reston, and Herndon corridor. Attorney C. Douglas Welty handles wills, revocable and irrevocable trusts, and estate planning at fixed fees, with the firm reporting more than 10,000 Virginia estate-planning documents prepared. Fixed-fee planning with a certified Estate Planning Law Specialist.

PracticesEstate PlanningProbateAsset ProtectionWills Trusts

Office
3050 Chain Bridge Road, Suite 103Fairfax, VA 22030
Free consultation

FirmFairfax, VA

PJI Law, PLC

Since 2010

Fairfax estate-planning, probate, and business-law firm serving Northern Virginia, with offices in the Glen Allen, Leesburg, and Alexandria areas. Its attorneys guide executors and administrators through probate and estate administration, and handle wills, trusts, and estate litigation. Offers a free initial consultation and conducts remote video meetings for clients who cannot meet in person.

PracticesEstate PlanningProbatePowers Of AttorneyWills Trusts

Office
3900 Jermantown Road, Suite 220Fairfax, VA 22030
Free consultation

FirmFairfax, VA

The Geller Law Group

Since 2011

Woman-owned firm serving Northern Virginia and the DC metro from its Fairfax office, with a second location in Washington, DC. Its estate practice covers wills and trust drafting, probate, and estate administration, guiding clients through probate appointments, court filings, and post-death deadlines.

PracticesEstate PlanningProbateWills Trusts

Office
4000 Legato Road, Suite 1100Fairfax, VA 22033

FirmArlington, VA

Arlington Law Group

Serves 2 counties

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

Office
1739 Clarendon BoulevardArlington, VA 22209

FirmTysons, VA

Cochran Law Group

Since 2004 · Serves 3 counties

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

Office
8000 Towers Crescent Drive, Suite 160Tysons, VA 22182
See all 22 firms serving Fairfax County →

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.

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Legal Sources

Data sourced from Virginia statutes and official state code. How we research.

Forms for Planning Your Estate in Virginia

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.

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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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Codicil to a Will

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.

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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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HIPAA Release

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.

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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 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.

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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. Virginia does not recognize a Lady Bird deed.

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Vehicle Transfer on Death

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.

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Living Will

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.

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Tools for Planning Your Estate in Virginia

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.

How Do I Sign Estate Documents?

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.

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Will My Estate Documents Transfer?

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.

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Trust or Will: Which Costs Less?

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.

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How Much Does a Revocable Living Trust Cost?

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.

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How Much Does a Will Cost?

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.

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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

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How Do I Name a Guardian for My Minor Children?

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.

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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%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.

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