Estate Planning for Fauquier County, Virginia Property Owners

For most Fauquier 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 Fauquier 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 Fauquier 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.

Without a recorded beneficiary designation or a trust, Fauquier 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.

Record a Transfer-on-Death Deed in Fauquier County

A transfer on death deed names a beneficiary who receives Fauquier 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 →Fauquier Countysigning requirements →

Where to Record Property Documents

Deeds and other real property documents for Fauquier County are recorded with the Clerk of Circuit Court, led by Clerk Gail H. Barb, at 29 Ashby Street, Warrenton, VA 20186. Phone: 540-422-8100. Hours: 8:00AM - 4:30PM.

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.

Fauquier County accepts electronic recording through Simplifile.

Recording Office Record

Clerk of Circuit Court

Fauquier County · Clerk · Gail H. Barb

Address

29 Ashby StreetWarrenton, VA 20186

Fax

540-422-8112

Hours

8:00AM - 4:30PM

E-recording

Available via SimplifileE-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 Fauquier County

FirmLeesburg, VA

Moyes Hanssen Overson, PLLC

Serves 4 counties

Leesburg firm one block from the probate office and across from the courthouse, serving Loudoun County and Northern Virginia. Handles probate and trust administration, trust drafting and funding (including farmland and real-property trusts), generational property transfers, and ongoing trust management. Three attorneys with more than 50 years of combined experience.

PracticesEstate PlanningTrust AdministrationTax PlanningAsset Protectionand 2 more

Office
21 North King StreetLeesburg, VA 20176

FirmManassas, VA

The Manassas Law Group, PC

Since 1978 · Serves 4 counties

Manassas firm serving Prince William County and Northern Virginia, with estate matters routed through the local Circuit Court. Handles probate and estate administration, personal-representative duties, trust administration, guardianship and conservatorship, plus wills, living trusts, and special-needs trusts. Offers a free consultation.

PracticesEstate PlanningTrust AdministrationMedical DirectivesPowers Of AttorneyWills Trusts

Office
9255 Lee AvenueManassas, VA 20110
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

Solo PracticeAlexandria, VA

Speedwell Law, PLLC

Since 2015

Alexandria firm serving Northern Virginia families with estate planning and probate administration. Handles wills, living trusts, powers of attorney, healthcare directives, and estate administration. Most planning meetings are conducted virtually, with an in-person signing ceremony, accommodating clients who prefer remote work.

PracticesEstate PlanningTrust AdministrationConservatorshipGuardianshipand 3 more

Office
2000 Duke Street, Suite 300Alexandria, VA 22314

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

FirmCulpeper, VA

Davies, Barrell, Will, Lewellyn & Edwards, PLC

Serves 4 counties

Culpeper firm on West Cameron Street working the Culpeper-area circuit courts and Commissioner of Accounts. On the settlement side it counsels executors, administrators, and trustees through their fiduciary duties — paying debts, distributing assets, and appearing at the proceedings that close the estate. More than 45 years in the local Piedmont courts.

PracticesEstate PlanningEstate AdministrationTrust AdministrationTax Planningand 2 more

Office
122 West Cameron StreetCulpeper, VA 22701
See all 13 firms serving Fauquier 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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