How Do I Name a Guardian for My Minor Children in Virginia?
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.
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. It needs your signature and 2 witnesses, and the nomination covers the child until the age of majority, 18Va. Code § 1-204Verified Sep 16, 2026View source. It can be recorded alongside the rest of an estate plan when you create a revocable living trust.
When a parent has named a guardian, the court must appoint the guardian the parent namedVa. Code §§ 64.2-1701, 64.2-1702Verified Sep 16, 2026View source. A backup guardian named in the same document applies if the first choice cannot serve.
No. Virginia makes the guardian nomination through a will or the guardianship petition rather than a standalone declarationVa. Code §§ 64.2-1701, 64.2-1702Verified Sep 16, 2026View source; a guardian is named in the will or in the guardianship petition.
Yes. Virginia allows a Power of Attorney to Delegate Parental or Legal Custodial Powers, under which any adult can be authorized for a limited time (up to 6 months) without transferring custodyVa. Code §§ 20-166, 20-167Verified Sep 16, 2026View source.
In Virginia, a child 14 or older may choose their guardian, subject to the court's approvalVa. Code § 64.2-1703Verified Sep 16, 2026View source.
Is this your situation?
Get a complete guide for your specific circumstances.
New Baby or Adoption
Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.
Learn more
Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
Learn more
New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
Learn more
Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
Learn moreForms for Planning Your Estate in Virginia
Free forms for planning your estate in Virginia: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
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.
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.
Financial Power of Attorney
Virginia treats a power of attorney as durable by defaultVa. Code §§ 64.2-1600 through 64.2-1642Verified Sep 20, 2026View source, and it is signed with no witness or notary requirementVa. Code §§ 64.2-1600 through 64.2-1642Verified Sep 20, 2026View source.
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.
Vehicle Transfer on Death
Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.
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.
Tools for Planning Your Estate in Virginia
Free tools for planning your estate in Virginia: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
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.
Trust or Will: Which Costs Less?
In Virginia, a will-based plan pays probate attorney fees of typically 2.5%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)Verified Sep 9, 2026View source to 3.9%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)Verified Sep 9, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable 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 and a simple will $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 $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In Virginia, four years at a public university cost about $110,788NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is near the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesNo operative state estate or inheritance tax. Virginia's pick-up estate tax (Va. Code § 58.1-902) remains on the books but imposes "a tax in the amount of the federal credit," and the federal IRC § 2011 state death tax credit has been zero since 2005; the 1978 floor in the § 58.1-901 definition was deleted by 2006 Acts of Assembly Sp. Sess. I, cc. 4 and 5, effective for estates of persons who die on or after July 1, 2007. The separate inheritance tax was repealed effective January 1, 1980, except for remainder interests on which the tax was postponed under former Va. Code § 58-173 (VA Tax PD 15-93).Verified Sep 15, 2026View source.
Are My Beneficiary Designations Protected?
Virginia automatically revokes an ex-spouse as beneficiary at divorceVa. Code § 20-111.1; § 6.2-607; § 64.2-632(A)(5); § 64.2-412Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
How Do I Sign Estate Documents?
Find witness, notary, and remote signing requirements for all 50 states.
Will My Estate Documents Transfer?
Check if estate planning documents signed in one state are valid in another.
How Much Does Probate Cost?
Probate on a $500,000 estate in Virginia costs an estimated $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. Attorney fees run 2.5%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)Verified Sep 9, 2026View source to 3.9%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)Verified Sep 9, 2026View source of the estate under a reasonable-compensation standard.
You'll be back. Every time life changes.
Virginia Estate Planning Resources
In-depth guides covering Virginia probate laws, trust requirements, and estate planning strategies.