Virginia law
Estate Planning Laws in Virginia.
Virginia estate planning is governed primarily by Title 64.2 of the Code of Virginia, which consolidates wills, trusts, probate, guardianships, and fiduciary law. Virginia repealed its state estate tax in 2007 and has no state inheritance tax. Virginia has adopted the Uniform Trust Code (Va. Code ch. 7 of tit. 64.2) and, unusually, authorizes Virginia Community Property Trusts (Va. Code § 64.2-763.1 et seq., enacted 2021) — allowing opt-in community-property treatment for married couples for federal tax-basis step-up purposes. Probate is handled in the Circuit Courts in each city and county.
Last verified: 2026-04-20
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State law
Key Virginia Statutes
Virginia's enactment of the Uniform Trust Code — the principal framework for creation, modification, and administration of trusts in Virginia.
Virginia's opt-in community-property-trust framework (2021). Married couples can place assets into a community property trust to obtain a full federal step-up in basis at the death of the first spouse.
Virginia's health-care advance-directive framework — combining living-will provisions and appointment of a health-care agent.
Virginia abolished its state estate tax effective July 1, 2007, and has no state inheritance tax. Only federal estate tax may apply at the federal exemption threshold.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Virginia.
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