Hiring a Wills, Trusts or Probate Lawyer in Virginia
What Virginia requires for a valid will, when probate applies, how estate lawyers charge, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Virginia: fee rules
| Rules on contingency fees | Under Virginia Rule of Professional Conduct 1.5(c), a fee may be contingent on the outcome unless paragraph (d) or other law prohibits it; a contingent fee agreement must be in writing and describe how the fee is calculated, and at the end the lawyer must give the client a written statement of the outcome and any remittance. Rule 1.5(d) bars contingent fees in domestic relations matters except in rare instances, and for defending a criminal case. Rule 1.5(b) requires the fee to be adequately explained, and for new clients the amount, basis or rate should be communicated, preferably in writing. |
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| If you disagree with a lawyer's bill | The Virginia State Bar's Fee Dispute Resolution Program is a voluntary program to help attorneys and clients resolve disputes over fees and costs for legal services by a Virginia lawyer. Both sides must agree; mediation is non-binding, and binding arbitration (enforceable by the circuit court) is available if mediation fails. It cannot hear disputes already decided by a court, or pending in court unless both parties agree in writing and the case is nonsuited or stayed. The petitioner pays a one-time, nonrefundable $20 administrative fee. Start with the online Request for Agreement to Participate form or the fee dispute hotline at (804) 775-9423, then send the Agreement to Participate and the $20 check to the assigned Circuit Committee Chair. |
| If a lawyer takes your money | The Virginia State Bar's Clients' Protection Fund may reimburse a documented financial loss caused by a Virginia lawyer's dishonest conduct (not negligence or malpractice) arising from a lawyer-client or fiduciary relationship. The lawyer must be disbarred, suspended, transferred to another membership class during a disciplinary proceeding, resigned, deceased, adjudicated incompetent, discharged in bankruptcy, or unlocatable. Awards are discretionary and the Fund is a last resort. File within seven years from when you knew or should have known of the loss, using the English-language petition for reimbursement, by mail or email; questions (804) 775-0572. |
Virginia rules to know first
| 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. |
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| 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. |
| How probate works | 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). |
Find and check a lawyer
| Lawyer referral service | The Virginia State Bar's Virginia Lawyer Referral Service (VLRS) refers callers to practicing VSB members who have joined its panel. Call (800) 552-7977 (statewide and nationwide toll-free) or (804) 775-0808 (metro Richmond), Monday-Friday, 9am-5pm. A $35.00 non-refundable referral fee, collected by VLRS when you are referred, entitles you to a consultation of up to 30 minutes (by phone or in person) with a VLRS lawyer; neither side is obligated to continue beyond it. The fee is waived for criminal record sealing referrals from July 1, 2026 through June 30, 2027. In Northern Virginia, local bar programs (Fairfax, Alexandria, Prince William) may also help. |
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| Check discipline history or file a complaint | Complaints that a Virginia lawyer violated the Rules of Professional Conduct go to the Virginia State Bar's Intake Office. File in writing only: by the online form, by emailing the downloadable complaint form, or by letter to Intake Office, 1111 East Main, Suite 700, Richmond, VA 23219-0026. Include your full name, mailing address, email and phone, the lawyer's full name and address (complaints against firms are not accepted), a brief but complete description of the facts, and your signature; send copies only, no more than 25 pages. If the complaint does not describe misconduct you are notified in writing; if it does, it goes to the Office of Bar Counsel and a staff attorney contacts you. Complaints are confidential except, for example, when public discipline results. Main line: (804) 775-0500. |
Free legal help
| Free legal aid | Free civil legal aid for low-income Virginians is provided by regional legal aid societies. The Legal Services Corporation (LSC) lists six Virginia grantees: Blue Ridge Legal Services, Central Virginia Legal Aid Society, Legal Aid Society of Eastern Virginia, Legal Services of Northern Virginia, Southwest Virginia Legal Aid Society, and Virginia Legal Aid Society. |
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All legal help in Virginia · Do I need a lawyer?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.