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Start the free role checkKey Uniform Trust Code provisions
Certain retirement benefits exempt
Va. Code § 34-34 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Exemption created
Va. Code § 34-4 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Proceeds and avails of life insurance policies and annuity contracts free of certain claims
Va. Code § 38.2-3122 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Penalty for practicing without authority
Va. Code § 54.1-3904 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Tenants by the entirety in real and personal property; certain trusts
Va. Code § 55.1-136 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Intangible personal property held in fiduciary capacity
Va. Code § 55.1-2514 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Void fraudulent acts; bona fide purchasers not affected
Va. Code § 55.1-400 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Voluntary gifts, conveyances, assignments, transfers, or charges; void as to prior creditors
Va. Code § 55.1-401 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Creditor's action to avoid such gifts, conveyances, assignments, transfers, or charges
Va. Code § 55.1-402 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Levy; rate of tax
Va. Code § 58.1-1712 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
City or county probate tax
Va. Code § 58.1-1718 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Tax on transfer of taxable estate of residents; amounts; credit; property of resident defined
Va. Code § 58.1-902 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Authority of fiduciary
Va. Code § 64.2-1041 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Incorporation by reference of certain powers of fiduciaries into will or trust instrument
Va. Code § 64.2-105 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Settlement of fiduciaries' accounts
Va. Code § 64.2-1206 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Expenses and commissions allowed fiduciaries
Va. Code § 64.2-1208 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Forfeiture of fiduciary's commission
Va. Code § 64.2-1217 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Disclosure of digital assets held in trust when trustee is original user
Va. Code § 64.2-125 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Disclosure of contents of electronic communications held in trust when trustee is not original user
Va. Code § 64.2-126 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Disclosure of other digital assets held in trust when trustee is not original user
Va. Code § 64.2-127 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Inventories to be filed with commissioners of accounts
Va. Code § 64.2-1300 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
When inventory and settlement not required
Va. Code § 64.2-1301 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Waiver of inventory and settlement for certain estates
Va. Code § 64.2-1302 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Copies of inventories and accounts to be provided by personal representatives
Va. Code § 64.2-1303 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Personal representatives
Va. Code § 64.2-1304 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Conservators, guardians of minors' estates, committees, trustees under § 64.2-2016, and receivers
Va. Code § 64.2-1305 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Testamentary trustees
Va. Code § 64.2-1306 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Testamentary trustees under a will waiving accounts; waiver where beneficiary also trustee
Va. Code § 64.2-1307 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Forms for inventories and accounts
Va. Code § 64.2-1308 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Vouchers and statement of assets on hand; direct payments to account; vouchers for IRS payments
Va. Code § 64.2-1311 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Exhibition of accounts when sum does not exceed certain amount
Va. Code § 64.2-1313 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Course of descents generally; right of Commonwealth if no other heir
Va. Code § 64.2-200 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Distribution of personal estate; right of Commonwealth if no other distributee
Va. Code § 64.2-201 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
When persons take per capita and when per stirpes; collaterals of the half blood
Va. Code § 64.2-202 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Proceeding for elective share; time limit
Va. Code § 64.2-308.12 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Elective share amount; effect of election on statutory benefits; non-domiciliary
Va. Code § 64.2-308.3 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Decedent's non-probate transfers to others
Va. Code § 64.2-308.6 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Family allowance
Va. Code § 64.2-309 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Exempt property
Va. Code § 64.2-310 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Homestead allowance
Va. Code § 64.2-311 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Others treated as qualified beneficiaries
Va. Code § 64.2-708 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Distribution of income of trust that is a private foundation or a charitable trust; prohibitions as to such private foundation
Va. Code § 64.2-737 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Prohibitions as to trust that is deemed a split-interest trust
Va. Code § 64.2-738 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Rights of beneficiary's creditor or assignee
Va. Code § 64.2-742 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Spendthrift provision
Va. Code § 64.2-743 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Exceptions to spendthrift provision
Va. Code § 64.2-744 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Certain claims for reimbursement for public assistance
Va. Code § 64.2-745 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Self-settled spendthrift trusts
Va. Code § 64.2-745.1 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Discretionary trusts; effect of standard
Va. Code § 64.2-746 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Creditor's claim against settlor
Va. Code § 64.2-747 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Overdue distribution
Va. Code § 64.2-748 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Personal obligations of trustee
Va. Code § 64.2-749 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Duty to administer trust and invest
Va. Code § 64.2-763 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Duty of loyalty
Va. Code § 64.2-764 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Impartiality
Va. Code § 64.2-765 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Prudent administration
Va. Code § 64.2-766 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Costs of administration
Va. Code § 64.2-767 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Trustee's skills
Va. Code § 64.2-768 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Delegation by trustee
Va. Code § 64.2-769 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Control and protection of trust property
Va. Code § 64.2-771 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Recordkeeping and identification of trust property
Va. Code § 64.2-772 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Enforcement and defense of claims
Va. Code § 64.2-773 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Collecting trust property
Va. Code § 64.2-774 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Duty to inform and report
Va. Code § 64.2-775 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Discretionary powers; tax savings
Va. Code § 64.2-776 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
General powers of trustee
Va. Code § 64.2-777 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Specific powers of trustee
Va. Code § 64.2-778 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Distribution upon termination
Va. Code § 64.2-779 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Trust for beneficiary with disability
Va. Code § 64.2-779.10 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Protection of charitable interest
Va. Code § 64.2-779.11 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Trust limitation on decanting
Va. Code § 64.2-779.12 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Change in compensation
Va. Code § 64.2-779.13 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Relief from liability and indemnification
Va. Code § 64.2-779.14 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Removal or replacement of authorized fiduciary
Va. Code § 64.2-779.15 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Tax-related provisions
Va. Code § 64.2-779.16 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Duration of second trust
Va. Code § 64.2-779.17 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Need to distribute not required
Va. Code § 64.2-779.18 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Fiduciary duty
Va. Code § 64.2-779.2 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Trust for care of animal
Va. Code § 64.2-779.20 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Accountings
Va. Code § 64.2-779.25 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Powers of trust director
Va. Code § 64.2-779.29 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Limitations on trust director
Va. Code § 64.2-779.30 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Duty to provide information to trust director or trustee
Va. Code § 64.2-779.33 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
No duty to monitor, inform, or advise
Va. Code § 64.2-779.34 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Limitation of action against trust director
Va. Code § 64.2-779.35 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Decanting power under expanded distributive discretion
Va. Code § 64.2-779.8 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Decanting power under limited distributive discretion
Va. Code § 64.2-779.9 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Prudent investor rule
Va. Code § 64.2-781 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Standard of care; portfolio strategy; risk and return objectives
Va. Code § 64.2-782 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Diversification by trustee
Va. Code § 64.2-783 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Duties at inception of trusteeship
Va. Code § 64.2-784 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Loyalty and impartiality
Va. Code § 64.2-785 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Investment costs
Va. Code § 64.2-786 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Delegation of investment and management functions
Va. Code § 64.2-788 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Limitation of action against trustee
Va. Code § 64.2-796 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Certification of trust
Va. Code § 64.2-804 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Limitation on actions upon the bond of any fiduciaries or as to suits against fiduciaries themselves; accrual of cause of action where execution sustained
Va. Code § 8.01-245 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Virginia trustee deadlines: what the statutes provide
Reviewed against the Virginia Statutes on 2026-10-25. General information, not legal advice; the official text controls.
| When | Timing | What the statute provides | To whom | Statute |
|---|---|---|---|---|
| You are named trustee and act on it | No day-count. Acceptance is by the instrument's method or by conduct; the acceptance notice runs from it. | Accept by substantially complying with a method the terms of the trust provide or, where they provide none or the method is not expressly exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance; a designee who does not accept within a reasonable time after knowing of the designation is deemed to have rejected the trusteeship. Title vests in a successor trustee on acceptance, without a conveyance (Va. Code § 64.2-760(C)). | — | Va. Code § 64.2-754 ↗ |
| You accept | At once and throughout; no day-count. | Administer the trust and invest its assets in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with Virginia's Uniform Trust Code — solely in the beneficiaries' interests (Va. Code § 64.2-764), impartially (Va. Code § 64.2-765) and as a prudent person would (Va. Code § 64.2-766), complying with the Uniform Prudent Investor Act. | — | Va. Code § 64.2-763 ↗ |
| You accept | At once; no day-count. | Take reasonable steps to take control of and protect the trust property, to enforce the trust's claims and defend claims against it (Va. Code § 64.2-773), and to compel a former trustee or other person to deliver trust property and redress a breach known to have been committed by a former trustee (Va. Code § 64.2-774). | — | Va. Code § 64.2-771 ↗ |
| You accept, or the trust receives assets | Within a reasonable time — no day-count. | Review the trust assets and make and implement decisions about retaining or disposing of them, to bring the portfolio into compliance with the trust's purposes, terms and circumstances and with the prudent investor rule — the portfolio as a whole (Va. Code § 64.2-782), diversified unless special circumstances make the purposes better served without it (Va. Code § 64.2-783). | — | Va. Code § 64.2-784 ↗ |
| Throughout the administration | Ongoing; no day-count. | Keep adequate records of the administration, keep the trust property separate from your own, and designate it so that the trust's interest appears, so far as feasible, in records a third party keeps. | — | Va. Code § 64.2-772 ↗ |
| You accept the trusteeship | Within 60 days after accepting — only for a trust irrevocable on or after July 1, 2006 (§ 64.2-775(E)). | Notify the qualified beneficiaries of the acceptance and of the trustee's name, address and telephone number, in a manner reasonably suitable under the circumstances and likely to result in receipt — first-class mail, personal delivery, delivery to the last known residence or place of business, or a properly directed electronic message (Va. Code § 64.2-707(A)). While the trust is revocable, the duties are owed to the settlor alone (Va. Code § 64.2-752(A)). | The qualified beneficiaries — each beneficiary who, on the date of determination, is a distributee or permissible distributee of trust income or principal, or would be one if the current interests ended or the trust terminated on that date (Va. Code § 64.2-701) — and any beneficiary who has sent a request for notice, a charity expressly designated to receive distributions and an enforcer of an animal or purpose trust (Va. Code § 64.2-708); the Attorney General for a charitable trust only on request. | Va. Code § 64.2-775(B)(2) ↗ |
| You learn the trust is irrevocable — created so, or become so by the settlor's death or otherwise | Within 60 days after the date you acquire that knowledge — only for a trust irrevocable on or after July 1, 2006 (§ 64.2-775(E)). | Notify the qualified beneficiaries of the trust's existence, the identity of the settlor or settlors, the right to request a copy of the trust instrument and the right to a trustee's report, in a manner reasonably suitable under the circumstances and likely to result in receipt — first-class mail, personal delivery, delivery to the last known residence or place of business, or a properly directed electronic message (Va. Code § 64.2-707(A)). The clock is the trustee's knowledge, not the event. | The qualified beneficiaries — each beneficiary who, on the date of determination, is a distributee or permissible distributee of trust income or principal, or would be one if the current interests ended or the trust terminated on that date (Va. Code § 64.2-701) — and any beneficiary who has sent a request for notice, a charity expressly designated to receive distributions and an enforcer of an animal or purpose trust (Va. Code § 64.2-708); the Attorney General for a charitable trust only on request. | Va. Code § 64.2-775(B)(3) ↗ |
| The trust became irrevocable before July 1, 2006 | No acceptance notice, no irrevocability notice and no annual report required by statute. | Subsection E confines the two 60-day notices and the annual report to an irrevocable trust created, or a revocable trust that becomes irrevocable, on or after the chapter's effective date, July 1, 2006 (Va. Code § 64.2-808); the information duty, the instrument on request and the advance notice of a compensation change apply whatever the date. | — | Va. Code § 64.2-775(E) ↗ |
| A beneficiary asks for information related to the administration | Promptly, unless unreasonable under the circumstances — no day-count. | Respond, and keep the qualified beneficiaries reasonably informed about the administration and of the material facts necessary for them to protect their interests; a good-faith refusal as unreasonable or contrary to the settlor's purposes is not grounds for removal or other sanctions. | — | Va. Code § 64.2-775(A) ↗ |
| A beneficiary asks for a copy of the trust instrument | Promptly — no day-count. | Furnish a copy of the trust instrument to the beneficiary. To a bank, title company or custodian, the trustee may furnish a certification of trust instead (Va. Code § 64.2-804). | — | Va. Code § 64.2-775(B)(1) ↗ |
| You plan to change the method or rate of your compensation | In advance of the change — no day-count. | Notify the qualified beneficiaries before the change. Compensation is as the terms specify or, if they are silent, reasonable under the circumstances, the court able to adjust either (Va. Code § 64.2-761). | The qualified beneficiaries — each beneficiary who, on the date of determination, is a distributee or permissible distributee of trust income or principal, or would be one if the current interests ended or the trust terminated on that date (Va. Code § 64.2-701) — and any beneficiary who has sent a request for notice, a charity expressly designated to receive distributions and an enforcer of an animal or purpose trust (Va. Code § 64.2-708); the Attorney General for a charitable trust only on request. | Va. Code § 64.2-775(B)(4) ↗ |
| Each year of the administration | At least annually — the file counts the first a year after your acceptance; only for a trust irrevocable on or after July 1, 2006. | Send a report of the trust property, liabilities, receipts and disbursements, including the source and amount of the trustee's compensation, a listing of the assets and, if feasible, their market values. | The distributees and permissible distributees of trust income or principal, and other qualified or nonqualified beneficiaries who request it; not a beneficiary who waived the report and has not withdrawn the waiver (Va. Code § 64.2-775(D)). | Va. Code § 64.2-775(C) ↗ |
| The trust terminates | At the termination — no day-count. | Send the report at termination, with the same contents as the annual report. | The distributees and permissible distributees, and other beneficiaries who request it. | Va. Code § 64.2-775(C) ↗ |
| A trustee leaves office and no cotrustee remains | On the vacancy — no day-count. | The former trustee sends the qualified beneficiaries a report; a personal representative, conservator or guardian may send it for a deceased or incapacitated trustee. | — | Va. Code § 64.2-775(C) ↗ |
| A beneficiary waives a report or other information | Any time; the waiver may be withdrawn for future reports. | A beneficiary may waive the right to a trustee's report or other information and may withdraw the waiver as to future reports and information. The information duties are not among the rules the terms of a trust cannot change (Va. Code § 64.2-703(B)). | — | Va. Code § 64.2-775(D) ↗ |
| You decide to resign without a court order | At least 30 days' notice. | Give notice to the living settlor, all cotrustees and the qualified beneficiaries — not a revocable trust's while the settlor has capacity to revoke — or resign with the court's approval; liability for acts while serving survives, and the former trustee protects and delivers the property expeditiously (Va. Code § 64.2-760). | — | Va. Code § 64.2-758 ↗ |
| You propose to move an inter vivos trust's principal place of administration out of Virginia | Not less than 60 days before initiating the transfer; the objection date not less than 60 days after the notice. | Notify the qualified beneficiaries of the new jurisdiction, the address and telephone number at the new location, the reasons, the anticipated date and the date by which they must object; a timely objection terminates the authority to transfer (Va. Code § 64.2-706(D)). | — | Va. Code § 64.2-706(C) ↗ |
| The settlor of a trust revocable at death dies | The earlier of two years after the death or six months after the trustee sends the person a copy of the instrument and the statutory notice. | A person may commence a proceeding to contest the trust's validity within that window. The notice that shortens it informs the person of the trust's existence, of the trustee's name and address and of the time allowed — a document an attorney prepares. | — | Va. Code § 64.2-753(A) ↗ |
| A potential contestant notifies you of a possible contest | A proceeding commenced within 60 days after the notification was sent. | After the death the trustee may distribute under the terms without liability unless the trustee knows of a pending contest or a potential contestant's notification is followed by a proceeding within 60 days; a beneficiary of a trust later held invalid returns any distribution (Va. Code § 64.2-753(C)). | — | Va. Code § 64.2-753(B) ↗ |
| The settlor of a trust revocable at death dies | No proceeding later than two years after the death — and none without a written demand on the personal representative first. | The trust answers for the settlor's creditors, the costs of administering the estate, the funeral and the family allowance, exempt property and homestead allowance to the extent the probate estate is inadequate; life insurance proceeds under Va. Code § 38.2-3122 are excluded, and distributions before the trustee is served are not affected. | — | Va. Code § 64.2-747(A)(3) ↗ |
| You send a proposal for distribution on termination | A beneficiary's right to object ends 30 days after it was sent — only if it stated the right and the time. | The proposal informs each beneficiary of the right to object and of the time allowed — a document an attorney prepares; a release induced by the trustee's improper conduct, or given without knowledge of the rights or the material facts, is invalid (Va. Code § 64.2-779(C)). | — | Va. Code § 64.2-779(A) ↗ |
| An event terminates the trust | Expeditiously — no day-count. | Distribute the trust property to the persons entitled to it, subject to a reasonable reserve for debts, expenses and taxes. | — | Va. Code § 64.2-779(B) ↗ |
| The trust terminates or you cease to serve, and you send the statutory package | 60 days after the package was sent, with no written objection. | A beneficiary who receives the report for the preceding two years, the taxes, expenses and fees still to be paid, the notice of the termination and of the effect of silence, and for a terminating trust a description of property not yet received and a proposal for distribution, and who does not object in writing within 60 days, is deemed to have released the trustee and ratified its actions — with the effect of a court's approval of a final account once the assets are distributed (Va. Code § 64.2-800(E)). An attorney's package; it does not apply to a decanting. | — | Va. Code § 64.2-800(B) ↗ |
| A beneficiary is sent a report that adequately discloses a potential claim and states the time allowed | One year after the report was sent. | A beneficiary may not commence a proceeding for breach of trust after that year; a report adequately discloses a claim if it gives information enough that the beneficiary knows of it or should have inquired (Va. Code § 64.2-796(B)). The statement of the time allowed is an attorney's. | — | Va. Code § 64.2-796(A) ↗ |
| No adequately disclosing report was sent | Five years after the first of the trustee's removal, resignation or death, the end of the beneficiary's interest, or the trust's termination. | The residual period for a beneficiary's proceeding for breach of trust; the section does not reduce the ten years of Va. Code § 8.01-245 (Va. Code § 64.2-796(E)). | — | Va. Code § 64.2-796(C) ↗ |
| Fraud in a proceeding or a statement under the chapter is discovered | Two years after discovery; against one not a perpetrator, no later than five years after the fraud. | An injured person may obtain relief against the perpetrator, or restitution from anyone benefiting except a bona fide purchaser; the rule does not reach fraud on a decedent during life that affects the succession of the estate. | — | Va. Code § 64.2-796(D) ↗ |
| An authorized fiduciary intends to exercise the decanting power | Not later than 60 days before the exercise; the notice period ends 59 days after the notice. | Notice in a record to the living settlor, the qualified beneficiaries, the holders of presently exercisable powers of appointment, the persons who may remove the fiduciary, the other fiduciaries, the advisors and protectors, adverse-interest holders and, for a charitable interest, the Attorney General, with copies of both instruments; early exercise only on every recipient's signed waiver. | — | Va. Code § 64.2-779.5 ↗ |
| A fiduciary proposes to convert to a unitrust or change its method | An objection date at least 30 days after the notice is sent. | Notice to the qualified beneficiaries (not the Attorney General), the trust directors and the holders of appointment or removal powers, with the policy and the dates; an objection sends the decision to the court (Va. Code § 64.2-1041(C)). | — | Va. Code § 64.2-1042 ↗ |
| The trust property is worth less than $250,000 | After notice to the qualified beneficiaries — no day-count. | The trustee may terminate the trust without court approval on concluding that the value does not justify the cost of administration, distributing consistently with the trust's purposes. | — | Va. Code § 64.2-732(A) ↗ |
| A bank, title company or custodian asks to see the trust | When asked — no day-count. | Furnish a certification of trust with its eight items — the trust's existence and the instrument's date, the settlor, the acting trustee and address, the powers, revocability and who may revoke, the cotrustees' signing authority, the taxpayer identification number and the manner of taking title — and the statement that nothing has made it incorrect; any trustee may sign it. | — | Va. Code § 64.2-804 ↗ |
| You are named trustee in a will | Before acting as trustee. | Qualify and give bond, with the surety the court or clerk requires unless the will waives it, before the circuit court or clerk of the jurisdiction where the will was probated; a deed trustee qualifies only where the instrument requires it (Va. Code § 64.2-1403). | The circuit court or its clerk (form CC-1654, Trust Information Form). | Va. Code § 64.2-1401(B) ↗ |
| A trustee who qualified in the clerk's office first receives trust assets | Within four months after the first date any assets are received; later assets within four months after their receipt. | Return an inventory of the real and personal estate under the trustee's supervision and control, each item at its market value on the date received — unless the trustee is not required to account under Va. Code § 64.2-1307. A missing inventory draws a summons, then the court's fine up to $500 (Va. Code § 64.2-1215). | The Commissioner of Accounts (form CC-1673, Inventory for Trust). | Va. Code § 64.2-1300(C) ↗ |
| A testamentary trust's first calendar year of funding ends, and each year after | On or before May 1 of the following year (a fiscal-year trust: the first account within 16 months of funding). | Exhibit a statement of all money and property received, chargeable or disbursed for the year, signed by all fiduciaries, with vouchers (Va. Code §§ 64.2-1206, 64.2-1311); a year not accounted for within four months after it ends forfeits that year's compensation unless the commissioner allows it (Va. Code § 64.2-1217). | The Commissioner of Accounts of the court where the trustee qualified (form CC-1684, Account for Trust). | Va. Code § 64.2-1306 ↗ |
| You qualify as trustee under a will that waives accounts | Within 90 days after qualification. | Notify in writing each adult current beneficiary other than the trustee, with a copy of the will's provisions, the right to require an annual accounting and a copy of the section; send the commissioner a copy or a writing that the section was met; any such beneficiary may later demand annual settlements (Va. Code § 64.2-1307(D)). | — | Va. Code § 64.2-1307(B) ↗ |
| The Commissioner of Accounts files a report on your account | Confirmed on the day after 15 days from filing, absent exceptions; the commissioner settles no account until 10 days after posting the fiduciaries' list. | A confirmed report is taken as correct except as it may be surcharged or falsified in a suit in proper time (Va. Code § 64.2-1213); the posting rule is Va. Code § 64.2-1222. | — | Va. Code § 64.2-1212 ↗ |
| An account settled before the Commissioner of Accounts is confirmed | Ten years after confirmation. | A suit to surcharge or falsify the account, or to hold the fiduciary or the sureties liable for a balance it states, is brought within ten years; an action on a fiduciary's bond within ten years after it accrues. | — | Va. Code § 8.01-245 ↗ |
| A trustee who qualified moves out of Virginia | Within 30 days of the change. | Tell the clerk and the Commissioner of Accounts the new address, on pain of a $50 civil penalty, unless a cofiduciary is a Virginia resident; a nonresident qualifying under a will files a consent to service and posts surety (Va. Code § 64.2-1426). | — | Va. Code § 64.2-1409(B) ↗ |
| Any period a statute counts | The day of the event is not counted; a last day on a weekend, holiday or closed day moves for court acts and filings. | Virginia's rule for computing time; the file counts calendar days from the recorded date and shows the statute's own words where the statute counts months or names a calendar date. | — | Va. Code § 1-210 ↗ |
| A personal representative qualifies or a will is probated | Within 30 days after; the affidavit of notice recorded within four months. | Written notice to the surviving spouse, the heirs at law, the will's beneficiaries — among them beneficiaries of a trust the will creates — and the beneficiaries of an earlier probated will, with the statute's statements (forms CC-1616, CC-1617). | — | Va. Code § 64.2-508 ↗Related estate |
| A personal representative elects to publish a notice to creditors | Once a week for two consecutive weeks; claims by the later of at least six months after first publication or 90 days after a copy reaches a known disputed claimant; the affidavit within 30 days after publication and delivery are complete. | The notice the 2026 session enacted (c. 382): published, and delivered or mailed to known disputed claimants; claims presented by delivery or certified mail to the representative or by filing with the commissioner (forms CC-1686, CC-1687). | — | Va. Code § 64.2-508.1 ↗Related estate |
| A personal representative qualifies | Within four months after the order conferring authority. | The estate's inventory to the Commissioner of Accounts, with copies to those who asked under Va. Code § 64.2-1303 (form CC-1670). | — | Va. Code § 64.2-1300(A) ↗Related estate |
| A personal representative qualifies | The first account within 16 months of qualification; then within four months after each following 12-month period. | The estate's accounts to the Commissioner of Accounts (form CC-1680); after six months from qualification the court may order creditors to show cause against distribution (Va. Code § 64.2-556). | — | Va. Code § 64.2-1304 ↗Related estate |
| A decedent's personal probate estate is $75,000 or less | At least 60 days after the death. | The successors' affidavit on the Office of the Executive Secretary's form lets a holder pay a small asset to the designated successor (form CC-1685); it is not a trust balance read as a small estate. | — | Va. Code § 64.2-601 ↗Related estate |
| A married decedent domiciled in Virginia dies | The election within six months after the later of probate or an administrator's qualification; the complaint within six months after the election. | The surviving spouse's election of 50 percent of the marital-property portion of the augmented estate (Va. Code § 64.2-308.3), which includes non-probate transfers such as a revocable trust (Va. Code § 64.2-308.6); those transfers drop out if the complaint comes more than 12 months after the death. | — | Va. Code § 64.2-308.12 ↗Related estate |
| A decedent domiciled in Virginia leaves a spouse or minor children | During the administration; the family allowance not longer than one year if the estate cannot pay all claims. | The family allowance (a lump sum up to $30,000 or $2,500 a month for a year), exempt property up to $25,000 (Va. Code § 64.2-310) and the homestead allowance of $25,000 (Va. Code § 64.2-311), with priority over claims in that order. | — | Va. Code § 64.2-309 ↗Related estate |
| A will is probated or administration granted | At probate, with a return when the estate exceeds $15,000. | Ten cents for every $100 of the estate's value over $15,000, with the return of Va. Code § 58.1-1714 (form CC-1651); a county or city may add one-third (Va. Code § 58.1-1718). | — | Va. Code § 58.1-1712 ↗Related estate |
| The trust's tax year ends | On or before May 1 for a calendar year; the fifteenth day of the fourth month after a fiscal year. | File the Virginia fiduciary income tax return (Form 770) for a resident trust required to file a federal return or having Virginia taxable income, or a nonresident trust with Virginia taxable income; a resident trust is one created by a Virginia domiciliary's will, or by or with property of a Virginia domiciliary (Va. Code § 58.1-302). Virginia imposes no estate tax for a death on or after July 1, 2007. | — | Va. Code § 58.1-381 ↗ |
| Death, where the estate may be taxable federally | Nine months after the death (an extension is available). | File the federal estate tax return where the gross estate plus adjusted taxable gifts exceeds the exclusion, or to elect portability of a deceased spouse's unused exclusion. | — | IRS Form 706 ↗Federal |
| The trust's tax year ends | The 15th day of the fourth month after year-end (April 15 for a calendar-year trust). | File the trust's federal income tax return and issue a Schedule K-1 to each beneficiary who received distributable income. | — | IRS Form 1041 ↗Federal |
Frequently asked questions
- What are a Virginia trustee's main duties?
- Generally, a Virginia trustee administers the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries (Va. Code § 64.2-763); solely in the interests of the beneficiaries (Va. Code § 64.2-764); impartially where there are two or more beneficiaries (Va. Code § 64.2-765); as a prudent person would, with reasonable care, skill and caution (Va. Code § 64.2-766); keeping the qualified beneficiaries reasonably informed and reporting to them (Va. Code § 64.2-775); taking reasonable steps to take control of and protect the trust property (Va. Code § 64.2-771); and keeping adequate records and the trust property separate (Va. Code § 64.2-772).
- Does a Virginia trustee have to notify the beneficiaries?
- Yes, for a trust irrevocable on or after July 1, 2006 (Va. Code § 64.2-775(E)): within 60 days after accepting, notice to the qualified beneficiaries of the acceptance and the trustee's name, address and telephone number (Va. Code § 64.2-775(B)(2)), and within 60 days after learning the trust is irrevocable, notice of its existence, the settlor, the right to a copy of the instrument and the right to a trustee's report (Va. Code § 64.2-775(B)(3)). The qualified beneficiaries are defined in Va. Code § 64.2-701.
- When should a Virginia trustee involve an attorney?
- Virginia's Uniform Trust Code does not require a trustee to engage an attorney; a trustee may delegate what a prudent trustee could properly delegate (Va. Code § 64.2-769) and is reimbursed for expenses properly incurred (Va. Code § 64.2-762). Many trustees consult one when the instrument is unclear, a beneficiary disputes a decision, a creditor's written demand reaches the personal representative (Va. Code § 64.2-747(A)(3)), a contest is raised (Va. Code § 64.2-753), a report meant to start the one-year period is prepared (Va. Code § 64.2-796(A)), or the trust was created by a will and accounts to the Commissioner of Accounts (Va. Code § 64.2-1306).
General information about Virginia law, not legal advice.