What Are My Duties as Trustee in Virginia?

Virginia typically requires written notice to beneficiaries within 60 days of the grantor's death. The notice must include your identity as trustee, the trust name, and information about the beneficiary's right to request a copy of the trust terms that affect their interest.

Yes, assets properly titled in a living trust avoid probate in Virginia. This means no court filings, no public record, and typically faster distribution to beneficiaries. However, any assets not in the trust may still require probate.

Trust administration in Virginia typically takes 6-12 months for straightforward situations. Unlike probate, there's no mandatory creditor claim period, though prudent trustees often wait before making final distributions to ensure all debts are identified.

Yes, you'll need to file a final personal income tax return for the deceased (Form 1040) and, if the trust earns income during administration, a trust income tax return (Form 1041). Virginia may also require a state fiduciary income tax return.