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 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 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 Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathVa. Code 64.2-621 to 64.2-638Verified Aug 24, 2026View source.

Create a VirginiaTOD deed →Fairfax Countysigning requirements →

Where to Record Property Documents

Deeds and other real property documents for Fairfax County are recorded with the Clerk of Circuit Court, led by Clerk Christopher J. Falcon, at 4110 Chain Bridge Road, Fairfax, VA 22030. Phone: 703-246-4111. Hours: 8:00AM - 4:00PM.

The Clerk of Circuit Court charges $26 for 1-10 pages, $40 for 11-30 pages, $60 for 31+ pages. A 2-page transfer on death deed is $29 in recording fees plus the $3 Open-Space Preservation Fee (Virginia Outdoors Foundation), before any required forms the office charges for. A transfer on death deed is exempt from transfer tax.

Fairfax County accepts electronic recording through Simplifile, CSC, ePN.

Recording Office Record

Clerk of Circuit Court

Fairfax County · Clerk · Christopher J. Falcon

Address

4110 Chain Bridge RoadFairfax, VA 22030

Fax

703-273-6564

Hours

8:00AM - 4:00PM

E-recording

Available via Simplifile, CSC, ePNE-recording info →

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 FeeRequired with most deeds$1
Deed Processing Fee$20
Paper-Filing Fee (clerks offering electronic land-record filing)Up to $5.00 per instrument
Transfer tax on a TOD deedExempt

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 2002-2010 Appropriations Act Sec. 3-6.01

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Verified September 9, 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 PlanningAsset ProtectionProbate AdministrationWills 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 PlanningPowers Of AttorneyProbate AdministrationWills 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 PlanningProbate AdministrationWills 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 PlanningEstate AdministrationTrust AdministrationProbate AdministrationWills 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 PlanningEstate AdministrationBusiness 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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