I know you’ve probably read a dozen articles about trusts versus wills. It’s one of the most over-discussed topics in estate planning. But here’s the problem: most of that advice doesn’t account for Virginia’s specific laws and procedures. What’s true in California or Florida isn’t necessarily true here in the Commonwealth.
So let me give you the Virginia-specific answer on revocable living trusts. And I’ll be open with you—I use a revocable trust for my own estate plan. Not because Virginia probate is terrible (it’s actually pretty reasonable), but because of all the other benefits a trust provides for the people I love.
How Virginia Probate Works: It’s Not as Bad as You Think
Let’s start with the good news. Virginia’s probate process is straightforward compared to many states. You work with your local Circuit Court clerk, pay a modest Virginia probate tax of about $1 per $1,000 of estate value, and a Commissioner of Accounts oversees the estate administration. For a $500,000 estate, you’re looking at around $500-$650 in probate taxes. There are also filing fees that usually total a maximum of a couple of thousand dollars.
In Virginia, you typically don’t have to go before a judge unless something has gone wrong. Most Virginia probate cases are handled administratively through the clerk’s office and the Commissioner of Accounts. Virginia also offers a simplified small estate process if your estate is under $75,000.
For most families, probate administration in Virginia takes at least a year. Not fun, but not catastrophic either.
So why do I still recommend revocable trusts to many of my Virginia estate planning clients? Because “not catastrophic” isn’t the same as “easy for your grieving family.”
Key Benefits of a Revocable Living Trust in Virginia
When someone you love dies, you’re dealing with grief, logistical chaos, and often complicated family dynamics. The last thing your loved ones need is months of court supervision and bureaucratic requirements to navigate—even if those requirements don’t involve standing before a judge.
With a properly funded revocable living trust, assets pass to your beneficiaries privately, quickly, and without any court involvement. Your successor trustee can often distribute much more quickly than an executor can. There’s no waiting for court approval to access funds or sell property.
Multi-State Real Estate? A Living Trust Becomes Essential
Here’s where a revocable trust becomes especially valuable for Virginia estate planning: if you own real estate outside of Virginia, your family would need to open separate probate proceedings in each state where you own property.
Got a beach condo in North Carolina? A mountain cabin in West Virginia? A rental property in Florida? Without a trust, your executor will need to qualify and probate your estate in Virginia AND open ancillary probate proceedings in each of those other states. That means multiple attorneys, multiple court filings, multiple sets of fees, and significantly more time and expense.
A revocable living trust holding all your real estate avoids ancillary probate entirely. One trust. One administration. No matter how many states your properties are in. For many of my clients with vacation homes or out-of-state investment properties, this benefit alone justifies the cost of trust-based estate planning.
Estate Planning Privacy: Why It Matters in Virginia
Here’s something many Virginians don’t realize: probate is a public process. Your will gets recorded at the courthouse. Anyone can look up what you owned, who you left it to, and how much everything was worth.
The executor must file detailed accountings with the Commissioner of Accounts showing every asset, every expense, every distribution. These become part of the public record. Do you really want your neighbors or estranged relatives knowing the details of your financial life?
A revocable living trust keeps your estate plan private. Your successor trustee handles everything confidentially, and the details stay within your family where they belong.
Virginia’s Commissioner of Accounts: Detailed Accounting Requirements
Even in Virginia’s relatively simple probate system, executors must work with a Commissioner of Accounts who supervises the financial reporting and can bring proceedings against personal representatives who don’t properly account for everything. The Commissioner charges fees on a sliding scale based on the value of the estate.
But it’s not just the fees. Let me tell you what the Commissioner actually requires:
Your executor must file a complete inventory of every estate asset. Then they must provide a detailed accounting that balances to the penny. And I mean to the penny. Every dividend received by the estate must be documented—even if it’s only 20 cents. Every interest payment. Every receipt and every disbursement must have complete written documentation.
Sold some stock? You need the documentation. Paid the electric bill? You need the receipt. Received a $0.37 dividend? It goes in the accounting. The level of detail required is meticulous, and if the accounting doesn’t balance perfectly, it goes back to the executor to fix.
With a trust-based estate plan, your successor trustee still has a fiduciary duty to the beneficiaries, but there’s no court-supervised accounting process, no Commissioner of Accounts fees, and no requirement to document every 20-cent dividend for public filing. It’s just simpler for everyone involved.
Making Estate Administration Easier for Virginia Families
That’s really what it comes down to. A revocable living trust won’t save you state estate taxes (Virginia doesn’t have estate or inheritance taxes). It might not save you a fortune in fees. But it will make one of the hardest times in your family’s life significantly easier.
And honestly? That’s worth a lot.
A Trend I’ve Noticed in My Estate Planning Practice
Interestingly, I’ve prepared more trust-based estate plans since the beginning of this year than ever before in my practice. I’m not entirely sure why—maybe people are becoming more aware of the privacy benefits, or perhaps they’re hearing from friends and family members who’ve been through the Virginia probate process and want to spare their loved ones the hassle. Maybe it’s the growing number of people who own vacation properties or investment real estate in multiple states.
Whatever the reason, more Virginians are seeing the value in trust-based planning, even in a state where probate is relatively manageable.
Is a Revocable Trust Right for Your Virginia Estate Plan?
Not everyone needs a trust. Sometimes avoiding probate can be managed by establishing jointly owned assets or beneficiary designations. But if you value privacy, want to spare your family the Virginia probate process, own real estate in multiple states, or have assets you want managed seamlessly if you become incapacitated, a revocable living trust deserves serious consideration—even here in Virginia.
Yes, setting up a revocable trust costs more than a simple will—it’s a more sophisticated estate planning tool that requires more time and legal expertise to create properly. But for many Virginia families, that upfront investment pays dividends in peace of mind and simplified estate administration down the road.
Let’s talk about what makes sense for your family’s situation and whether a trust-based estate plan is the right choice for you.
