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To make a living trust in Virginia, you: Choose whether to make an individual or shared trust. Decide what property to include in the trust.Virginia's living trust allows you to keep your trust assets out of probate, a court process required for approving a will. To create a living trust in the state of Virginia, you must have a written trust document signed in the presence of a notary. Inventory your assets and property: You'll need to create a comprehensive list of everything you own. While most types of trusts in Virginia are their own independent legal document, a testamentary trust is created within their last will and testament. Get started for free. You know what's rarely talked about? What comes after you create your estate plan? A revocable living trust is a great way to protect your assets from the expenses associated with probate and estate taxes.