Virginia Estate Planning
Get your own affairs in order in Virginia, for yourself or an aging parent. Compare the documents most adults need (a will, a power of attorney, and a healthcare directive), decide whether you need a trust, and see how to keep your estate out of probate.
Which document do I need?
The core documents at a glance. Each row links to its Virginia guide.
- Will
- Virginia will requirements explained: 18-and-sound-mind rule, two-witness signing, holographic wills, self-proving affidavits, and how divorce revokes a will. Read the guide
- Living trust
- Virginia living trust vs probate: how a revocable trust works, what it costs, and why low VA probate tax means many estates do not need one. Read the guide
- Power of attorney
- Virginia power of attorney basics: durable by default, signing and notary rules, springing POAs, hot powers needing an express grant, and how it ends at death. Read the guide
- Healthcare directive
- How a Virginia advance medical directive works: one witnessed document for living-will wishes plus a health care agent, the surrogate list, and VDH registry. Read the guide
Virginia estate planning guides
Virginia Estate Planning Basics: The Documents Every Adult Needs
Virginia estate planning basics: the will, durable POA, and advance directive every adult needs, plus probate, small-estate limits, and taxes under Title 64.2.
Virginia Will Requirements
Virginia will requirements explained: 18-and-sound-mind rule, two-witness signing, holographic wills, self-proving affidavits, and how divorce revokes a will.
Virginia Power of Attorney
Virginia power of attorney basics: durable by default, signing and notary rules, springing POAs, hot powers needing an express grant, and how it ends at death.
Virginia Advance Medical Directive
How a Virginia advance medical directive works: one witnessed document for living-will wishes plus a health care agent, the surrogate list, and VDH registry.
Virginia Guardianship Planning
Avoid a Virginia guardianship by planning with a durable POA and advance directive, plus how adult guardianship and conservatorship work if a court is needed.
Virginia Living Trust vs Probate
Virginia living trust vs probate: how a revocable trust works, what it costs, and why low VA probate tax means many estates do not need one.
Virginia Trust Administration Guide
How a successor trustee settles a Virginia revocable living trust after death under the Virginia Uniform Trust Code (Va. Code Title 64.2, Chapter 7).
Virginia Transfer on Death (TOD) Deed
A Virginia transfer on death deed (beneficiary deed) passes your home to a beneficiary outside probate, stays revocable, and must be recorded before death.
Not sure what you need in Virginia?
Answer a few questions and we'll tell you which estate planning documents to set up first.
Information current as of 2026-06-18
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in your state can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.