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Creating a living trust in Virginia occurs when you create a written trust document and sign it in the presence of a notary. The trust is not official until you transfer assets into it. A living trust can offer a variety of benefits that may appeal to you. Consider what is best for you.
A living trust in Virginia is an estate planning option that allows you to place your assets in trust while continuing to use and control them. The trust passes the assets to your beneficiaries after your death.
The factors that will determine probate and a length of probate will be whether or not there was a testamentary trust, whether there are family disputes or complications, and what level of estate planning was done prior to the death of the decedent.
In Virginia, any estate valued at greater than $50,000 at the time of the owner's passing must go through the probate procedure.
Anyone can make a trust in Virginia as long as they follow the requirements as listed in the statute. The settlor must have the proper mental capacity and must intend to create the trust. Furthermore, the settlor must name a beneficiary for the trust and a trustee to manage it.