🏛️ How to Set Up a Trust in Virginia (2025 Guide)

🏛️ How to Set Up a Trust in Virginia (2025 Guide)

Estate planning in Virginia doesn’t have to be complicated. More and more Virginians are setting up revocable living trusts to skip probate, protect assets, and ensure their families avoid court delays and fees.

If you're wondering how to legally set up a trust in Virginia — without paying thousands to a lawyer — this guide breaks it down for you step by step.

🔍 What Is a Trust?

A trust is a legal arrangement where one party (the Grantor) transfers assets to another party (the Trustee) to manage on behalf of Beneficiaries.

The most common type in Virginia is the Revocable Living Trust, which:

✅ Avoids probate court
✅ Keeps your estate private
✅ Lets you control your assets during life
✅ Automatically transfers assets after death
✅ Helps plan for illness or incapacity

Virginia follows the Virginia Uniform Trust Code (§ 64.2-7), which fully supports revocable living trusts.

📍 How to Set Up a Trust in Virginia

1. Choose the Right Trust Type

Start with a Revocable Living Trust, which is:

• Legal in Virginia

• Flexible while you’re alive

• Effective for avoiding probate

Optional trust features:

☐ Special Needs Trust
☐ Minor’s Trust
☐ Spendthrift Trust
☐ Pet Trust
☐ Dynasty Provision

✅ TrustGenie includes these options for no extra charge.

2. Name the Key Roles

• ☐ Grantor – The person creating the trust

• ☐ Trustee – Often the Grantor, who manages the trust

• ☐ Successor Trustee – Takes over when you die or become incapacitated

• ☐ Beneficiaries – People or entities receiving your assets

You can name a co-trustee or professional trustee if desired.

3. List Your Trust Assets

Include:

• Virginia real estate

• Bank accounts and investments

• Vehicles and valuable property

• LLCs and business interests

• Digital assets (domains, crypto)

• Life insurance policies (optional)

✅ Use TrustGenie’s Schedule A and General Assignment form to capture this.

4. Sign and Notarize

Virginia does not require witnesses, but notarization is required for authenticity.

✅ TrustGenie includes detailed execution steps and sample signature pages.

5. Fund the Trust

Most people forget this — but it’s what actually makes your trust work.

☐ File a new deed to move real estate into the trust
☐ Retitle financial accounts and investment portfolios
☐ Assign personal property with a General Assignment
☐ Update beneficiary forms as needed
☐ Amend LLC Operating Agreements (if applicable)

🚨 Without funding, your trust won’t avoid probate.

⚠️ Common Mistakes in Virginia

❌ Trust not notarized properly
❌ Real estate never moved into the trust
❌ Forgetting retirement assets or digital property
❌ Naming minors without a minor’s subtrust
❌ No clear Successor Trustee instructions

💰 How Much Does a Trust Cost in Virginia?

Method Estimated Cost Attorney$2,500 – $6,000+ Online Template$100 – $400 TrustGenie$150/year (all-included)

✅ TrustGenie includes state-specific language, funding tools, and expert support.

🧠 Do You Need a Lawyer to Create a Trust in Virginia?

No. Virginia allows any competent adult to create a valid trust if:

• It’s in writing

• It names a trustee and beneficiaries

• It’s signed and ideally notarized

• It holds assets (i.e., it’s funded)

✅ TrustGenie walks you through all of these steps.

📎 Free Resource: [Virginia Trust Setup Checklist]
Ask for the checklist in plain text format.

✅ Ready to Create Your Virginia Trust?

From Richmond to Virginia Beach, families are using TrustGenie to protect what matters most — without wasting money on legal fees.

👉 [Start Your Virginia Trust – $150/year]

🔗 Related Articles

• [Avoiding Probate in Virginia]

• [How to Transfer Your Virginia Property into a Trust]

• [Trust vs. Will in Virginia – What’s Better?]

✍️ Written by:
TrustGenie Legal Team
Empowering Virginians to build generational wealth through smart, affordable estate planning.