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

A will takes effect at death and is admitted to probate in the circuit court (Va. Code § 64.2-443); a living trust holds property during life and passes it under its own terms, outside probate, for what is titled to it (Va. Code § 64.2-719). A trust may also be created by a will, and its trustee then qualifies before the clerk and accounts to the Commissioner of Accounts (Va. Code §§ 64.2-1401, 64.2-1306).

Does a Virginia trust avoid the probate tax?

Property titled to a funded trust is not probated, so the probate tax on the probated estate's value does not reach it (Va. Code § 58.1-1712).

Is a revocable trust private in Virginia?

A trust is not filed with a court, and a trustee may give a bank or buyer a certification of trust instead of the instrument (Va. Code § 64.2-804); the qualified beneficiaries receive notices and reports (Va. Code § 64.2-775).

Virginia Will vs. Revocable Living Trust: How They Compare

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Virginia will vs. revocable living Trust, at a glance

What matters	Virginia will	Revocable living Trust
When it takes effect	Only at death	During life and at death
Virginia probate	Generally required to take effect	Generally avoided for assets the Trust owns
Privacy	Becomes a public court record	Stays private
If you become incapacitated	Doesn't help — a will operates only at death	A successor Trustee can manage assets for you
Protection from your creditors	No	No — a revocable Trust is not asset protection

Many Virginia plans use both

A revocable living Trust often holds the major assets to avoid probate and plan for incapacity, while a “pour-over” will catches anything left out and names guardians for minor children. Used together, they cover gaps neither closes alone.

Which is right for you in Virginia?

There is no single right answer — it depends on your assets, your family, whether incapacity planning matters to you, and your goals. This page is general information, not legal advice. A free role check can show you where you stand, and a Virginia attorney can recommend what fits your situation.

General information about Virginia law, not legal advice.

Frequently asked questions

What is the difference between a will and a trust in Virginia?: A will takes effect at death and is admitted to probate in the circuit court (Va. Code § 64.2-443); a living trust holds property during life and passes it under its own terms, outside probate, for what is titled to it (Va. Code § 64.2-719). A trust may also be created by a will, and its trustee then qualifies before the clerk and accounts to the Commissioner of Accounts (Va. Code §§ 64.2-1401, 64.2-1306).
Does a Virginia trust avoid the probate tax?: Property titled to a funded trust is not probated, so the probate tax on the probated estate's value does not reach it (Va. Code § 58.1-1712).
Is a revocable trust private in Virginia?: A trust is not filed with a court, and a trustee may give a bank or buyer a certification of trust instead of the instrument (Va. Code § 64.2-804); the qualified beneficiaries receive notices and reports (Va. Code § 64.2-775).

General information about Virginia law, not legal advice.