Planning your estate is one of the most important steps you can take for your family. In Virginia, choosing between a will and a trust or using both depends on your assets, your family structure and your goals.
What a will does in Virginia
A will is a legal document that goes in effect after you die. It names an executor, directs how your assets are distributed and designates a guardian for your minor children. That last point is critical: a trust cannot name a guardian. If you have children under 18, you need a will.
Wills must proceed with Virginia’s probate process at the local circuit court. Under Virginia Code § 64.2-200, dying without a plan means the state follows a strict formula that may surprise your family. Probate becomes a public record and can take six to 18 months to resolve.
What a trust does in Virginia
A revocable living trust is classified as a legal entity that contains your assets during your lifetime. After you die, your assets transfer to beneficiaries without going through probate court. That means faster distributions and no public record of who received what.
A trust also protects you during incapacity. If you are unable to manage your finances, your named successor trustee can step in immediately. No court involvement is required. For families with real estate in multiple states, a trust may also help avoid separate probate proceedings in each state.
How to choose the right option
Most Virginia families benefit from using both documents together. A “pour-over will” works alongside a trust to catch any assets not transferred into the trust before death. Here are key factors to weigh:
- Minor children: A will is the only document that can name a legal guardian.
- Privacy: Trust distributions stay private; wills become public during probate.
- Estate size: Larger estates often save money by avoiding probate through a trust.
- Incapacity planning: Only a trust allows a successor trustee to act without court approval.
Your circumstances will shape which combination makes the most sense.
You may talk to an estate planning attorney
Virginia estate law has specific rules and timelines that can affect your family’s options. An attorney can help you understand which documents fit your situation.