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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.
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. Choose a successor trustee. Decide who will be the trust's beneficiaries?that is, who will get the trust property. Create the trust document.
There is a six-step process for making a living trust in Virginia: Select a type of trust. ... Inventory your assets and property. ... Choose a trustee. ... Put together your trust document. ... Visit a notary public and sign your living trust in front of them. Fund your trust.
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.