Estate Planning for Franklin County, Virginia Property Owners

For most Franklin 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 Franklin 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 Franklin 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 Franklin County

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

Where to Record Property Documents

Deeds and other real property documents for Franklin County are recorded with the Clerk of Circuit Court, led by Clerk Teresa J. Brown, at 275 South Main Street, Suite 212, Rocky Mount, VA 24151. Phone: 540-483-3065. Hours: 8:30AM - 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.

Franklin County accepts electronic recording through CSC.

Recording Office Record

Clerk of Circuit Court

Franklin County · Clerk · Teresa J. Brown

Address

275 South Main Street, Suite 212Rocky Mount, VA 24151

Fax

540-483-3042

Hours

8:30AM - 4:30PM

E-recording

Available via CSCE-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

Open in Google Maps

Verified September 9, 2026 · Source

Estate Planning Attorneys Serving Franklin County

FirmRoanoke, VA

Copenhaver, Ellett & Derrico

Serves 8 counties

Roanoke firm on Franklin Road serving the Roanoke and New River Valleys and the surrounding counties. Guides personal representatives through probate and estate administration — asset gathering, creditor notification, and distribution to heirs — and handles will contests, beneficiary-status determinations, and accounting disputes.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbate Litigationand 2 more

Office
30 Franklin Road SW, Suite 200Roanoke, VA 24011

FirmRoanoke, VA

Rhodes, Butler & Dellinger, PC

Serves 6 counties

Roanoke firm serving clients throughout Southwest Virginia in estate, tax, trust, and elder law. Handles estate and trust administration, revocable living trusts and wills, special-needs trusts, guardianships, and fiduciary advising for executors and trustees. Partner Mark W. Dellinger was named a Virginia Super Lawyer in elder law.

PracticesEstate PlanningTrust AdministrationElder LawTax Planningand 3 more

Office
318 Washington Avenue SWRoanoke, VA 24016

Solo PracticeLexington, VA

Tarris Law, PLC

Since 2016 · Serves 3 counties

Lexington firm, with a second office in the Roanoke area, serving Rockbridge County and the greater Roanoke region. Focuses on probate-avoidance estate planning — revocable living trusts to hold and distribute assets privately — plus wills and trust administration. Offers a free 15-minute consultation.

PracticesEstate PlanningTrust AdministrationTax PlanningProbate AdministrationWills Trusts

Office
14 E. Nelson Street, Suite 202Lexington, VA 24450
Free consultation

FirmDanville, VA

The Estate & Elder Law Center of Southside Virginia, PLLC

Since 1995 · Serves 5 counties

Danville firm serving Southside Virginia through the local circuit courts, with a second office in Lynchburg. Handles estate and trust administration, probate, guardianship and conservatorship, and Medicaid asset-protection planning for aging clients. Attorney Robert W. Haley is a Certified Elder Law Attorney, and the firm offers phone and video consultations.

PracticesEstate PlanningTrust AdministrationElder LawConservatorshipand 4 more

Office
109 Bridge Street, Suite 104Danville, VA 24541

FirmFredericksburg, VA

Carrell Blanton Ferris & Associates, PLC

Serves the whole state

Estate-planning and elder-law firm serving Fredericksburg from its Jackson Street office, part of a four-office Virginia footprint that includes Richmond, Williamsburg, and Virginia Beach. Works with families on trust-based plans, estate and trust administration, Medicaid and asset-protection planning, and guardianship and conservatorship.

PracticesEstate PlanningTrust AdministrationElder LawGuardianshipand 3 more

Office
725 Jackson Street, Suite 209Fredericksburg, VA 22401

FirmWilliamsburg, VA

Johnson, Gasink & Baxter, LLP

Since 2009 · Serves the whole state

Williamsburg-anchored estate firm serving the Historic Triangle and central Virginia, with offices in Richmond and satellite locations including Glen Allen and Charlottesville. Handles probate, estate and trust administration, will and trust updates, powers of attorney, and inheritance matters for estates large and small. Offers a free consultation and an ongoing plan-maintenance service.

PracticesEstate PlanningTrust AdministrationAsset ProtectionPowers Of Attorneyand 2 more

Office
1100 Professional DriveWilliamsburg, VA 23185
Free consultation
See all 7 firms serving Franklin 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.

SimplyTrustSimplyTrust Editorial·

Legal Sources

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

Virginia Estate Planning Articles

Estate planning articles for Virginia.