Question 1

What makes a will valid in Virginia?

Accepted Answer

Any individual may make a will unless he or she is of unsound mind or an unemancipated minor. The will must be in writing and signed by the testator (or by another person in the testator's presence and at the testator's direction) in a way that shows the name is meant as a signature. A will not wholly in the testator's handwriting must be signed or acknowledged by the testator in the presence of at least two competent witnesses who are present at the same time and who sign in the testator's presence; no particular attestation wording is required. A court may treat a document that does not meet these formalities as a valid will if clear and convincing evidence shows the decedent intended it to be a will, but this cannot excuse a missing testator signature (except in narrow mix-up cases) and must be raised in circuit court within one year after death.

Question 2

Is a handwritten will valid in Virginia?

Accepted Answer

Yes. A will wholly in the testator's handwriting and signed by the testator is valid without attesting witnesses, but at probate the handwriting and signature must be proved by at least two disinterested witnesses.

Question 3

Does a will need to be notarized in Virginia?

Accepted Answer

Yes. At signing or any later time, a will may be made self-proved by the testator's acknowledgment and the attesting witnesses' affidavits made before an officer authorized to administer oaths (such as a notary public), evidenced by the officer's certificate attached to the will in substantially the statutory form. The court accepts the affidavits as if the witnesses had testified in person. A self-proved codicil that expressly republishes the will also self-proves the will.

Question 4

Who inherits if someone dies without a will in Virginia?

Accepted Answer

Surviving spouse: the entire estate, unless the decedent left children or their descendants who are not also the surviving spouse's children or descendants; in that case the spouse takes one-third and the decedent's children and their descendants take two-thirds. With no surviving spouse, the estate passes to children and their descendants; if none, to parents; if none, to brothers and sisters and their descendants; if none, half to the relatives of each parent (grandparents, then aunts and uncles and their descendants, then great-grandparents, and so on). If no relatives on either side survive, the estate passes to the relatives of the decedent's most recent spouse (if married at that spouse's death); otherwise real estate escheats and personal property goes to the Commonwealth. Relatives of the half blood take half as much as those of the whole blood.

Question 5

What is a surviving spouse entitled to in Virginia?

Accepted Answer

For decedents dying on or after January 1, 2017, a surviving spouse of a Virginia domiciliary may elect to take 50% of the marital-property portion of the augmented estate. The marital-property portion rises with the length of the marriage, from 3% for a marriage of less than 1 year to 100% for 15 years or more. The election must be made within six months after the later of the will's admission to probate or the qualification of an administrator, by a writing recorded in the court or clerk's office (acknowledged or proved as for recording a deed); a complaint to determine the share must then be filed within six months after the election. The family allowance, exempt property and homestead allowance are in addition to the elective share. Virginia is not a community property state.

Question 6

What is the small estate limit in Virginia?

Accepted Answer

Yes. If the decedent's entire personal probate estate is worth no more than $75,000, anyone holding a small asset (a bank, brokerage or credit union account, security, refund, tangible personal property, or debt owed to the decedent, but not real estate) must pay or deliver it to the designated successor who presents an affidavit signed by all known successors stating, among other things, that at least 60 days have passed since death, that no personal representative has been appointed or applied for, and that any will has been probated. The affidavit must be on the form prepared by the Office of the Executive Secretary of the Supreme Court of Virginia (Form CC-1685), and each signature is notarized; it is presented to the asset holder rather than filed in court. A holder may also pay a small asset worth $35,000 or less to a successor without an affidavit after 60 days if no personal representative has been appointed or applied for.

Question 7

Is there a simplified probate process in Virginia?

Accepted Answer

Virginia has no separate summary probate proceeding, but several shortcuts apply. When the decedent's personal estate passing by will or intestacy is $35,000 or less and an heir, beneficiary or larger creditor qualifies, the clerk waives the inventory and the settlement of accounts (unless the decedent owned real estate the representative could sell). If all distributees or all residuary beneficiaries are the personal representatives, they may file a sworn statement in lieu of a settlement of accounts once all known charges are paid, six months have passed since qualification, and the residue has been distributed. In addition, 30 days after death a funeral home may collect funeral costs from a small asset by affidavit if no personal representative has been appointed. Surviving family may also claim a family allowance (lump sum up to $30,000, or up to $2,500 per month for one year), exempt property up to $25,000, and a homestead allowance of $25,000.

Question 8

How does probate work in Virginia?

Accepted Answer

1) Offer the will for probate (or apply for administration if there is no will) before the clerk of the circuit court of the county or city where the decedent lived; the clerk may admit wills and qualify executors and administrators. 2) The personal representative takes the oath and posts bond, usually at least equal to the personal estate, unless security is excused. 3) Within 30 days after qualification or probate, send written notice of probate or qualification to the surviving spouse, heirs and beneficiaries, and within four months record an affidavit that notice was given. 4) Within four months after qualification, file an inventory with the commissioner of accounts. 5) Optionally publish a notice to creditors and pay valid debts in the statutory order. 6) File the first account within 16 months after qualification (and annual accounts after that) until the estate is settled, or a statement in lieu of settlement where allowed. Real estate passes to heirs or devisees, and a list of heirs or real estate affidavit is recorded where needed.

Question 9

How long do creditors have to file claims against an estate in Virginia?

Accepted Answer

A personal representative may publish a notice to creditors once a week for two consecutive weeks and mail it to known creditors with disputed claims. Claims must then be presented in writing to the personal representative (or filed with the commissioner of accounts) by the later of six months after first publication or 90 days after the notice is mailed or delivered to the claimant. A representative who complies in good faith is not liable on late claims beyond the assets still on hand. Separately, after six months from qualification the court may order creditors to show cause against distribution; distributees may still be required to refund their share of valid claims in a suit brought within five years after distribution.

Question 10

Who can be an executor in Virginia?

Accepted Answer

The executor named in the will qualifies before the circuit court or clerk. If there is no will, administration goes in the first 30 days to a sole distributee (or a distributee with waivers from the others), then to the first distributee who applies; after 60 days a creditor or other person may qualify after giving notice. The court or clerk must be satisfied the person is suitable and competent; a person convicted of certain felonies (such as fraud, embezzlement or perjury) generally may not serve as administrator unless he or she is the sole distributee. A nonresident individual may serve, but must consent to service of process through the clerk or a resident agent and must post bond with surety unless a resident co-fiduciary qualifies at the same time or surety is waived. Residents must give bond, but surety is not required when all beneficiaries or distributees are the personal representatives or the will waives security for a named executor.

Question 11

Does Virginia allow transfer-on-death deeds?

Accepted Answer

Yes. Virginia has adopted the Uniform Real Property Transfer on Death Act. A transfer on death deed must contain the essential elements and formalities of a recordable deed, state that the transfer occurs at the owner's death, be recorded before the owner's death in the land records of the circuit court clerk where the property is located, and meet the general recording requirements; if the property is owned jointly, all joint owners must sign. It requires the same capacity as a will, is revocable, and is exempt from recordation tax unless given for consideration. The beneficiary takes subject to existing mortgages and liens; divorce or annulment revokes a transfer to the former spouse unless the deed says otherwise. The statute includes optional forms for the deed and for revocation.

Question 12

What does a quitclaim deed need to be valid in Virginia?

Accepted Answer

The circuit court clerk records a deed for a signer who has acknowledged it (typically before a notary) or whose signature has been proved by two witnesses before the court or clerk. Deeds are recorded in the clerk's office of the circuit court for the county or city where the land lies. A state recordation tax of 25 cents per $100 of the greater of the consideration or the property's assessed value applies, and localities may add their own recordation tax. On a sale, an additional grantor tax of 50 cents per $500 applies (half to the state, half to the locality), and the consideration must be stated on the first page.

Question 13

What are the requirements for a power of attorney in Virginia?

Accepted Answer

Virginia has adopted the Uniform Power of Attorney Act. A power of attorney must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction). Notarization is not strictly required for validity, but a signature acknowledged before a notary is presumed genuine, and a power of attorney must meet deed-recording requirements (acknowledgment) to be recorded, for example for real estate transactions. Powers of attorney are durable unless they expressly say they end on the principal's incapacity. Virginia's act does not include a statutory fill-in form.

Question 14

What are the requirements for a health care directive in Virginia?

Accepted Answer

Any adult capable of making an informed decision may make a written advance directive that gives health care instructions, appoints a health care agent, and/or makes an anatomical gift. It must be signed by the declarant in the presence of two subscribing witnesses; notarization is not required. A person diagnosed with a terminal condition may also make an oral advance directive in the presence of the attending physician and two witnesses. The statute provides a suggested Advance Medical Directive form, which is optional. A directive may be filed with the state's Advance Health Care Planning Registry.

Question 15

Does Virginia have an estate or inheritance tax?

Accepted Answer

Virginia has no inheritance tax. Its estate tax is equal to the federal credit for state death taxes, so it applies only to the extent that credit is allowed under federal law. Virginia does impose a probate tax on the probate of a will or grant of administration: 10 cents per $100 of estate value, which does not apply to estates of $15,000 or less.

Question 16

How do I make a living will in Virginia?

Accepted Answer

Virginia combines living-will instructions and the appointment of a health care agent in a written 'advance directive.' Any adult capable of making an informed decision may make one. It must be signed by the declarant in the presence of two subscribing witnesses; notarization is not required. A person diagnosed with a terminal condition may also make an oral advance directive in the presence of the attending physician and two witnesses. The statute provides a suggested Advance Medical Directive form, which is optional, and a directive may be filed with the state's Advance Health Care Planning Registry.

Question 17

How do I make a medical power of attorney in Virginia?

Accepted Answer

In Virginia the health care agent is appointed in the written advance directive (the suggested statutory form is the 'Advance Medical Directive'). The same signing rule applies: signed by the declarant in the presence of two subscribing witnesses, with no notarization required.

Question 18

How do living trusts work in Virginia?

Accepted Answer

Virginia has adopted the Uniform Trust Code (Va. Code Title 64.2, Chapter 7). A trust may be created by transferring property to a trustee during life (including by an agent acting under a power of attorney that expressly allows it), by declaring that you hold property as trustee, or by will. Its purposes must be lawful, not contrary to public policy and possible to achieve, and it must benefit its beneficiaries. The settlor may revoke or amend a trust unless its terms expressly make it irrevocable (this rule does not apply to trusts created under instruments signed before the Code's effective date). Property transferred to the trustee passes under the trust terms without probate; assets left in the decedent's own name may still require qualification before the circuit court clerk.

Question 19

What does an executor have to do in Virginia?

Accepted Answer

Main duties and deadlines for a Virginia personal representative: at qualification, furnish a list of heirs under oath (recorded by the clerk); within 30 days after qualification or probate, send written notice of probate or qualification, and of the right to copies of the will, inventories and accounts, to the surviving spouse, all heirs and the beneficiaries, then file an affidavit that notice was given; within four months after qualification, file an inventory with the commissioner of accounts; optionally publish a notice to creditors and pay valid debts in the statutory order; within 16 months after qualification, file the first account covering the first 12 months with the commissioner of accounts, and later accounts each year (due four months after each 12-month period) until the estate is settled, or a statement in lieu of settlement where allowed.

Question 20

How do I get letters testamentary in Virginia?

Accepted Answer

In Virginia the personal representative 'qualifies' before the circuit court or the clerk of the circuit court in the county or city where the decedent lived, and the clerk issues a certificate of qualification (letters). With a will, the named executor offers the will for probate and qualifies; without one, administration goes in the first 30 days to a sole distributee (or one with waivers from the others), then to the first distributee who applies, and after 60 days a creditor or other person may qualify after notice. The personal representative takes the oath and posts bond, usually at least equal to the personal estate (surety may be excused, for example when the will waives it for a named executor). Applicants use statewide forms such as the CC-1650 Probate Information Form and the CC-1611 List of Heirs. Estates are then supervised by a commissioner of accounts.

Question 21

Does Virginia have an affidavit of heirship?

Accepted Answer

Yes. Virginia uses two recorded documents. (1) List of heirs: every personal representative (or will proponent if no one qualifies) must file a list of heirs under oath, on the Supreme Court form, with the clerk where the representative qualifies and the clerk of the circuit court where any of the decedent's real estate is located; if no one qualifies within 30 days after death, any heir of an intestate decedent may file it. The clerk records and indexes it, and it is prima facie evidence of the facts listed. (2) Real estate affidavit: any person with an interest in real estate of an intestate decedent may sign an affidavit on the Supreme Court form describing the real estate, to be recorded where the property is located.

Question 22

How can you avoid probate in Virginia?

Accepted Answer

Non-probate transfers available in Virginia: (1) Transfer on death deed for real estate (Va. Code §§ 64.2-621 to 64.2-638). (2) Joint bank accounts belong to the surviving party, and P.O.D. accounts pass to the payee, under the multiple-party accounts law (Va. Code § 6.2-604 et seq., esp. § 6.2-608). (3) Transfer-on-death registration of securities in beneficiary form (Va. Code § 64.2-613 et seq.). (4) Transfer on death (TOD) beneficiary named on a vehicle title, who must apply within 120 days after the owner's death (Virginia DMV). (5) Vehicles titled to joint owners with right of survivorship ('or', 'or survivor', or 'tenants by the entirety') pass to the survivor. (6) Small estate affidavit (Va. Code §§ 64.2-600 to 64.2-602). (7) Revocable living trust (Uniform Trust Code).

Question 23

Where can I get a power of attorney form in Virginia?

Accepted Answer

Virginia's Uniform Power of Attorney Act (Va. Code ch. 16 of Title 64.2) does not include a statutory fill-in form for a financial power of attorney; its only statutory form is an optional agent's certification (Va. Code 64.2-1639). A power of attorney must be signed by the principal or, in the principal's conscious presence, by another individual at the principal's direction; a signature acknowledged before a notary public is presumed genuine, and to be recordable it must also meet Va. Code 55.1-600 (64.2-1603). For health care, Va. Code 54.1-2984 provides an optional suggested "Advance Medical Directive" form; a written advance directive must be signed by the declarant in the presence of two subscribing witnesses (54.1-2983).

Question 24

How do I search probate court records in Virginia?

Accepted Answer

Virginia has no separate probate court. A will is probated in the circuit court of the county or city where the person lived at death, and usually the Clerk of the Circuit Court or a deputy clerk handles probate without a judge; anyone interested can appeal the clerk's order to the judge within six months. There is no statewide probate search: the Judicial System's Circuit Court Case Information covers civil and criminal cases in select circuit courts, and Secure Remote Access to circuit court land records (including wills) is available for select courts after registering with the local Circuit Court Clerk. For estate matters, contact the local circuit court.

Question 25

How do I transfer a car title after someone dies in Virginia?

Accepted Answer

Virginia DMV procedures: (1) Joint owner with right of survivorship (names joined by 'or', or followed by 'or survivor' or 'Tenants by the Entirety'): submit the death certificate, the title and fees for a new title. (2) Transfer on Death (TOD) beneficiary named on the title: within 120 days after the owner's death, submit a death certificate or death verification, the title (or an Affidavit in Lieu of Title, VSA 12) and fees; after 120 days the beneficiary loses the right to title. (3) No executor or administrator will be appointed: the spouse, heir or will beneficiary brings the death certificate, title, a notarized copy of the will or a completed Statement of Authority to Assign Title (VSA 24), and fees; no sales and use tax is due on a transfer to a spouse, heir or will beneficiary. (4) Executor or administrator appointed: provide the death certificate, title, the court-issued document or will appointing the executor or administrator, and fees. Title transfers by operation of law are governed by Va. Code § 46.2-633.

Requirements for a valid will	Any individual may make a will unless he or she is of unsound mind or an unemancipated minor. The will must be in writing and signed by the testator (or by another person in the testator's presence and at the testator's direction) in a way that shows the name is meant as a signature. A will not wholly in the testator's handwriting must be signed or acknowledged by the testator in the presence of at least two competent witnesses who are present at the same time and who sign in the testator's presence; no particular attestation wording is required. A court may treat a document that does not meet these formalities as a valid will if clear and convincing evidence shows the decedent intended it to be a will, but this cannot excuse a missing testator signature (except in narrow mix-up cases) and must be raised in circuit court within one year after death. Source: Va. Code § 64.2-401; § 64.2-403; § 64.2-404
Handwritten (holographic) wills	Yes. A will wholly in the testator's handwriting and signed by the testator is valid without attesting witnesses, but at probate the handwriting and signature must be proved by at least two disinterested witnesses. The circuit court forms for proving a handwritten will are CC-1602 and CC-1604. Source: Va. Code § 64.2-403(B)
Self-proving affidavit	Yes. At signing or any later time, a will may be made self-proved by the testator's acknowledgment and the attesting witnesses' affidavits made before an officer authorized to administer oaths (such as a notary public), evidenced by the officer's certificate attached to the will in substantially the statutory form. The court accepts the affidavits as if the witnesses had testified in person. A self-proved codicil that expressly republishes the will also self-proves the will. Source: Va. Code § 64.2-452

Probate steps	1) Offer the will for probate (or apply for administration if there is no will) before the clerk of the circuit court of the county or city where the decedent lived; the clerk may admit wills and qualify executors and administrators. 2) The personal representative takes the oath and posts bond, usually at least equal to the personal estate, unless security is excused. 3) Within 30 days after qualification or probate, send written notice of probate or qualification to the surviving spouse, heirs and beneficiaries, and within four months record an affidavit that notice was given. 4) Within four months after qualification, file an inventory with the commissioner of accounts. 5) Optionally publish a notice to creditors and pay valid debts in the statutory order. 6) File the first account within 16 months after qualification (and annual accounts after that) until the estate is settled, or a statement in lieu of settlement where allowed. Real estate passes to heirs or devisees, and a list of heirs or real estate affidavit is recorded where needed. A probate tax applies to estates over $15,000 (see the estate tax field). Source: Va. Code § 64.2-443; § 64.2-444; § 64.2-504; § 64.2-505; § 64.2-508; § 64.2-1300; § 64.2-1304
Simplified probate	Virginia has no separate summary probate proceeding, but several shortcuts apply. When the decedent's personal estate passing by will or intestacy is $35,000 or less and an heir, beneficiary or larger creditor qualifies, the clerk waives the inventory and the settlement of accounts (unless the decedent owned real estate the representative could sell). If all distributees or all residuary beneficiaries are the personal representatives, they may file a sworn statement in lieu of a settlement of accounts once all known charges are paid, six months have passed since qualification, and the residue has been distributed. In addition, 30 days after death a funeral home may collect funeral costs from a small asset by affidavit if no personal representative has been appointed. Surviving family may also claim a family allowance (lump sum up to $30,000, or up to $2,500 per month for one year), exempt property up to $25,000, and a homestead allowance of $25,000. The $35,000 waiver threshold and the family allowance, exempt property and homestead amounts were amended by Acts 2025, c. 148. Section 64.2-604 is in Chapter 6 and §§ 64.2-309 to 64.2-311 in Chapter 3. Source: Va. Code § 64.2-1302; § 64.2-1314; § 64.2-604; § 64.2-309; § 64.2-310; § 64.2-311
Small estate affidavit	Yes. If the decedent's entire personal probate estate is worth no more than $75,000, anyone holding a small asset (a bank, brokerage or credit union account, security, refund, tangible personal property, or debt owed to the decedent, but not real estate) must pay or deliver it to the designated successor who presents an affidavit signed by all known successors stating, among other things, that at least 60 days have passed since death, that no personal representative has been appointed or applied for, and that any will has been probated. The affidavit must be on the form prepared by the Office of the Executive Secretary of the Supreme Court of Virginia (Form CC-1685), and each signature is notarized; it is presented to the asset holder rather than filed in court. A holder may also pay a small asset worth $35,000 or less to a successor without an affidavit after 60 days if no personal representative has been appointed or applied for. The $75,000 and $35,000 limits reflect amendments by Acts 2025, c. 148; the requirement to use the Supreme Court form was added by Acts 2026, c. 40. Source: Va. Code § 64.2-600; § 64.2-601; § 64.2-602
Deadline for creditor claims	A personal representative may publish a notice to creditors once a week for two consecutive weeks and mail it to known creditors with disputed claims. Claims must then be presented in writing to the personal representative (or filed with the commissioner of accounts) by the later of six months after first publication or 90 days after the notice is mailed or delivered to the claimant. A representative who complies in good faith is not liable on late claims beyond the assets still on hand. Separately, after six months from qualification the court may order creditors to show cause against distribution; distributees may still be required to refund their share of valid claims in a suit brought within five years after distribution. The creditor-notice procedure in § 64.2-508.1 was added by Acts 2026, c. 382. Statewide forms CC-1686 (Notice to Creditors) and CC-1687 (Affidavit of Notice to Creditors) are available. Source: Va. Code § 64.2-508.1; § 64.2-556
Who can be executor	The executor named in the will qualifies before the circuit court or clerk. If there is no will, administration goes in the first 30 days to a sole distributee (or a distributee with waivers from the others), then to the first distributee who applies; after 60 days a creditor or other person may qualify after giving notice. The court or clerk must be satisfied the person is suitable and competent; a person convicted of certain felonies (such as fraud, embezzlement or perjury) generally may not serve as administrator unless he or she is the sole distributee. A nonresident individual may serve, but must consent to service of process through the clerk or a resident agent and must post bond with surety unless a resident co-fiduciary qualifies at the same time or surety is waived. Residents must give bond, but surety is not required when all beneficiaries or distributees are the personal representatives or the will waives security for a named executor. Source: Va. Code § 64.2-502; § 64.2-504; § 64.2-505; § 64.2-1426
Finding probate court records	Virginia has no separate probate court. A will is probated in the circuit court of the county or city where the person lived at death, and usually the Clerk of the Circuit Court or a deputy clerk handles probate without a judge; anyone interested can appeal the clerk's order to the judge within six months. There is no statewide probate search: the Judicial System's Circuit Court Case Information covers civil and criminal cases in select circuit courts, and Secure Remote Access to circuit court land records (including wills) is available for select courts after registering with the local Circuit Court Clerk. For estate matters, contact the local circuit court. Online services: https://www.vacourts.gov/online/home Source: Virginia Court Clerks' Association, Probate in Virginia (published on vacourts.gov); Virginia Judicial System, Online Services

Financial power of attorney	Virginia has adopted the Uniform Power of Attorney Act. A power of attorney must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction). Notarization is not strictly required for validity, but a signature acknowledged before a notary is presumed genuine, and a power of attorney must meet deed-recording requirements (acknowledgment) to be recorded, for example for real estate transactions. Powers of attorney are durable unless they expressly say they end on the principal's incapacity. Virginia's act does not include a statutory fill-in form. Source: Va. Code § 64.2-1602; § 64.2-1603; § 64.2-1604
Health care directive	Any adult capable of making an informed decision may make a written advance directive that gives health care instructions, appoints a health care agent, and/or makes an anatomical gift. It must be signed by the declarant in the presence of two subscribing witnesses; notarization is not required. A person diagnosed with a terminal condition may also make an oral advance directive in the presence of the attending physician and two witnesses. The statute provides a suggested Advance Medical Directive form, which is optional. A directive may be filed with the state's Advance Health Care Planning Registry. Source: Va. Code § 54.1-2983; § 54.1-2984
Official power of attorney forms	Virginia's Uniform Power of Attorney Act (Va. Code ch. 16 of Title 64.2) does not include a statutory fill-in form for a financial power of attorney; its only statutory form is an optional agent's certification (Va. Code 64.2-1639). A power of attorney must be signed by the principal or, in the principal's conscious presence, by another individual at the principal's direction; a signature acknowledged before a notary public is presumed genuine, and to be recordable it must also meet Va. Code 55.1-600 (64.2-1603). For health care, Va. Code 54.1-2984 provides an optional suggested "Advance Medical Directive" form; a written advance directive must be signed by the declarant in the presence of two subscribing witnesses (54.1-2983). Health care form: https://law.lis.virginia.gov/vacode/title54.1/chapter29/section54.1-2984/ ; witnesses: https://law.lis.virginia.gov/vacode/title54.1/chapter29/section54.1-2983/ Source: Va. Code 64.2-1603, 64.2-1639; 54.1-2983, 54.1-2984

Living will / advance directive	Virginia combines living-will instructions and the appointment of a health care agent in a written 'advance directive.' Any adult capable of making an informed decision may make one. It must be signed by the declarant in the presence of two subscribing witnesses; notarization is not required. A person diagnosed with a terminal condition may also make an oral advance directive in the presence of the attending physician and two witnesses. The statute provides a suggested Advance Medical Directive form, which is optional, and a directive may be filed with the state's Advance Health Care Planning Registry. Source: Va. Code §§ 54.1-2983, 54.1-2984
Medical power of attorney	In Virginia the health care agent is appointed in the written advance directive (the suggested statutory form is the 'Advance Medical Directive'). The same signing rule applies: signed by the declarant in the presence of two subscribing witnesses, with no notarization required. Source: Va. Code §§ 54.1-2983, 54.1-2984
Revocable living trust	Virginia has adopted the Uniform Trust Code (Va. Code Title 64.2, Chapter 7). A trust may be created by transferring property to a trustee during life (including by an agent acting under a power of attorney that expressly allows it), by declaring that you hold property as trustee, or by will. Its purposes must be lawful, not contrary to public policy and possible to achieve, and it must benefit its beneficiaries. The settlor may revoke or amend a trust unless its terms expressly make it irrevocable (this rule does not apply to trusts created under instruments signed before the Code's effective date). Property transferred to the trustee passes under the trust terms without probate; assets left in the decedent's own name may still require qualification before the circuit court clerk. Source: Va. Code §§ 64.2-700, 64.2-719, 64.2-722, 64.2-751
Ways to avoid probate	Non-probate transfers available in Virginia: (1) Transfer on death deed for real estate (Va. Code §§ 64.2-621 to 64.2-638). (2) Joint bank accounts belong to the surviving party, and P.O.D. accounts pass to the payee, under the multiple-party accounts law (Va. Code § 6.2-604 et seq., esp. § 6.2-608). (3) Transfer-on-death registration of securities in beneficiary form (Va. Code § 64.2-613 et seq.). (4) Transfer on death (TOD) beneficiary named on a vehicle title, who must apply within 120 days after the owner's death (Virginia DMV). (5) Vehicles titled to joint owners with right of survivorship ('or', 'or survivor', or 'tenants by the entirety') pass to the survivor. (6) Small estate affidavit (Va. Code §§ 64.2-600 to 64.2-602). (7) Revocable living trust (Uniform Trust Code). TOD securities: https://law.lis.virginia.gov/vacode/title64.2/chapter6/section64.2-613/; TOD deed: https://law.lis.virginia.gov/vacode/title64.2/chapter6/section64.2-628/ Source: Va. Code §§ 6.2-608, 64.2-601, 64.2-613, 64.2-628

Executor's duties	Main duties and deadlines for a Virginia personal representative: at qualification, furnish a list of heirs under oath (recorded by the clerk); within 30 days after qualification or probate, send written notice of probate or qualification, and of the right to copies of the will, inventories and accounts, to the surviving spouse, all heirs and the beneficiaries, then file an affidavit that notice was given; within four months after qualification, file an inventory with the commissioner of accounts; optionally publish a notice to creditors and pay valid debts in the statutory order; within 16 months after qualification, file the first account covering the first 12 months with the commissioner of accounts, and later accounts each year (due four months after each 12-month period) until the estate is settled, or a statement in lieu of settlement where allowed. Inventory: https://law.lis.virginia.gov/vacode/title64.2/chapter13/section64.2-1300/; accounts: https://law.lis.virginia.gov/vacode/title64.2/chapter13/section64.2-1304/ Source: Va. Code §§ 64.2-508, 64.2-509, 64.2-1300, 64.2-1304, 64.2-1206
Letters testamentary	In Virginia the personal representative 'qualifies' before the circuit court or the clerk of the circuit court in the county or city where the decedent lived, and the clerk issues a certificate of qualification (letters). With a will, the named executor offers the will for probate and qualifies; without one, administration goes in the first 30 days to a sole distributee (or one with waivers from the others), then to the first distributee who applies, and after 60 days a creditor or other person may qualify after notice. The personal representative takes the oath and posts bond, usually at least equal to the personal estate (surety may be excused, for example when the will waives it for a named executor). Applicants use statewide forms such as the CC-1650 Probate Information Form and the CC-1611 List of Heirs. Estates are then supervised by a commissioner of accounts. Source: Va. Code §§ 64.2-502, 64.2-504, 64.2-505, 64.2-509
Affidavit / determination of heirship	Yes. Virginia uses two recorded documents. (1) List of heirs: every personal representative (or will proponent if no one qualifies) must file a list of heirs under oath, on the Supreme Court form, with the clerk where the representative qualifies and the clerk of the circuit court where any of the decedent's real estate is located; if no one qualifies within 30 days after death, any heir of an intestate decedent may file it. The clerk records and indexes it, and it is prima facie evidence of the facts listed. (2) Real estate affidavit: any person with an interest in real estate of an intestate decedent may sign an affidavit on the Supreme Court form describing the real estate, to be recorded where the property is located. Real estate affidavit: https://law.lis.virginia.gov/vacode/title64.2/chapter5/section64.2-510/ Source: Va. Code §§ 64.2-509, 64.2-510
Transferring a car after death	Virginia DMV procedures: (1) Joint owner with right of survivorship (names joined by 'or', or followed by 'or survivor' or 'Tenants by the Entirety'): submit the death certificate, the title and fees for a new title. (2) Transfer on Death (TOD) beneficiary named on the title: within 120 days after the owner's death, submit a death certificate or death verification, the title (or an Affidavit in Lieu of Title, VSA 12) and fees; after 120 days the beneficiary loses the right to title. (3) No executor or administrator will be appointed: the spouse, heir or will beneficiary brings the death certificate, title, a notarized copy of the will or a completed Statement of Authority to Assign Title (VSA 24), and fees; no sales and use tax is due on a transfer to a spouse, heir or will beneficiary. (4) Executor or administrator appointed: provide the death certificate, title, the court-issued document or will appointing the executor or administrator, and fees. Title transfers by operation of law are governed by Va. Code § 46.2-633. Statute: https://law.lis.virginia.gov/vacode/title46.2/chapter6/section46.2-633/ Source: Virginia DMV Guide DMV 105; Va. Code § 46.2-633

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