Wills and Trusts Lawyer Virginia, VA

Properly drafted wills and trusts are among the most important legal documents a person can create. At Law Offices Of SRIS, P.C., we assist individuals and families throughout Virginia with the preparation of wills, the establishment of revocable and irrevocable trusts, and the administration of estates after a loved one has passed. Virginia has no state-level estate tax, a fact that simplifies planning for many residents, but the federal estate tax still applies to very large estates; for 2026, the federal exemption is $15 million per individual. The firm concentrates on the full range of estate-planning tools available under the Virginia Uniform Trust Code and the Virginia Wills Act. Whether you need a simple will, a trust designed to avoid probate and manage assets during incapacity, or representation in a fiduciary dispute, our experienced legal team works toward practical, legally sound solutions. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Wills and Trusts Mean in Virginia

Virginia law governing wills and trusts is found primarily in Title 64.2 of the Code of Virginia. A will is a witnessed document that directs how a person’s assets are to be distributed after death; without a valid will, Virginia’s intestacy laws control, and the result may not match the individual’s wishes. Trusts, on the other hand, are legal arrangements in which a trustee holds and manages property for the benefit of designated beneficiaries. Trusts created during life can serve to avoid probate, provide for a minor or a person with special needs, or manage assets if the grantor becomes incapacitated. The Circuit Court of each Virginia city or county has jurisdiction over probate and trust matters, including the appointment of executors and administrators, the interpretation of wills, and the resolution of trust disputes.

One notable feature of Virginia law is the absence of a state estate tax. Virginia repealed its estate tax several years ago, so estates are only subject to the federal estate tax if they exceed the applicable exclusion amount. As of 2026, that exclusion is $15 million per individual—a figure that was made permanent under recent federal legislation. For smaller estates, Virginia offers a streamlined small‑estate procedure: when the value of the probate estate is below $75,000, an affidavit can often be used in place of a full administration. Regardless of estate size, however, the drafting and execution of wills and trusts must comply with statutory formalities, and mistakes can lead to costly litigation. Working with an experienced attorney helps ensure that the documents are valid, the tax consequences are understood, and the client’s goals are achieved.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Wills and Trusts Cases

The process typically begins with a private consultation during which the attorney learns about the client’s family structure, financial circumstances, and long‑term objectives. From there, a custom estate plan is developed. For many clients, the plan centers on a carefully drafted will and one or more trusts. The firm also prepares ancillary documents such as durable powers of attorney and advance medical directives. When the client’s circumstances involve a blended family, a business interest, or a beneficiary with special needs, the drafting process may incorporate additional tools like a special needs trust or a family limited partnership, always in accordance with the Virginia Uniform Trust Code.

After a death, the firm’s representation extends to probate and trust administration. The attorney guides the executor or trustee through the procedural steps required by the Circuit Court, including filing the will, preparing an inventory of assets, and addressing creditor claims. If a dispute arises—whether a will contest, a breach‑of‑fiduciary‑duty claim, or a question of trust interpretation—Mr. Sris and the firm’s Of Counsel attorneys represent fiduciaries and beneficiaries in litigation. Every matter is handled with attention to the factual details and applicable law; no two estates are the same, and the approach is always tailored to the specific situation.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor whose practice includes estate planning, probate, and fiduciary litigation. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, giving the firm a broad jurisdictional footprint. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova) and is active in legislative matters relevant to family and property law. The firm’s Of Counsel attorneys bring extensive combined legal experience in wills, trusts, and estate administration. Results may vary. For clients who need estate planning guidance or are facing a probate dispute, the team works to develop a clear, effective strategy.

Frequently Asked Questions About Wills and Trusts in Virginia

What is the difference between a will and a trust in Virginia?

A will takes effect only at death and must be probated, while a trust can take effect during the grantor’s lifetime and often avoids probate. In Virginia, a will must be signed by the testator and two witnesses to be valid. A trust, whether revocable or irrevocable, is governed by a written trust agreement and the Virginia Uniform Trust Code. Trusts are often used to manage assets during incapacity, provide for minor children, or bypass the probate process altogether. An attorney can help determine which instrument—or combination—best fits the client’s circumstances.

Do I need a lawyer to create a will in Virginia?

You are not legally required to hire a lawyer to create a will in Virginia, but legal guidance helps ensure the document is valid and truly reflects your intentions. Self‑prepared or fill‑in‑the‑blank wills often contain ambiguous language or fail to meet statutory formalities, which can lead to costly will contests after death. When real estate, business interests, or blended‑family dynamics are involved, professional drafting is especially important. An experienced attorney also counsels on related matters such as beneficiary designations and tax considerations.

How does probate work in Virginia?

Probate in Virginia is the court‑supervised process of validating a will, appointing an executor, identifying and appraising assets, paying debts, and distributing the remaining property to heirs or beneficiaries. The process generally takes place in the Circuit Court of the county or city where the decedent resided. If the will is uncontested and the estate is straightforward, administration can proceed relatively smoothly; complexities such as creditor disputes or missing heirs can extend the timeline. The executor must file an inventory of assets within four months of qualification and address creditor claims within the statutory period.

Can a trust help avoid probate in Virginia?

Yes, a properly funded revocable living trust can avoid probate entirely for the assets it holds. Because the trust is a separate legal entity, property titled in the name of the trust passes directly to the named beneficiaries upon the grantor’s death, without court involvement. This can save time, reduce administrative costs, and keep the distribution private. However, the trust must be carefully drafted and all relevant assets must be transferred into the trust during the grantor’s lifetime; otherwise, those assets may still require probate.

What happens if I die without a will in Virginia?

If you die without a valid will, Virginia’s intestacy laws determine how your assets are distributed. Generally, the surviving spouse receives the entire estate if there are no descendants from a prior relationship; if there are children from outside the marriage, the estate is divided between the spouse and those children. More distant relatives may inherit if no spouse or descendants survive. Intestacy can also lead to the appointment of an administrator who is not the person you would have chosen. A will gives you control over these decisions.

How often should I update my estate plan?

You should review your estate plan every three to five years, and sooner after a major life event such as marriage, divorce, the birth of a child, a significant change in assets, or a move to a new state. Virginia law may also change—for example, the federal estate tax exemption has been revised several times. A periodic review with an attorney ensures that your documents remain legally sound and aligned with your current wishes.

Additional Estate Planning Resources in Virginia

Review related practice areas handled by Law Offices Of SRIS, P.C.:

Estate Planning Lawyer Virginia · Probate Lawyer Virginia · Will Contest Lawyer Virginia · Special Needs Trust Lawyer Virginia

Official Virginia Legal Resources

These primary‑source sites provide the authoritative text of the statutes and court information referenced on this page:

Virginia Code — Title 64.2 (Wills, Trusts, and Fiduciaries) · Virginia Court System

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