Wills and Trusts Lawyer Virginia Beach, VA

Establishing a comprehensive estate plan in Virginia Beach requires an understanding of Virginia’s wills, trusts, and probate procedures. Law Offices Of SRIS, P.C. provides legal counsel to individuals and families throughout Virginia Beach, Sandbridge, and Oceana. Whether you need to draft a will, create a revocable living trust, administer an estate through the Virginia Beach Circuit Court, or plan for long‑term care and guardianship, Mr. Sris and the firm’s Of Counsel attorneys work with you to protect your assets and ensure your wishes are carried out. Reach our firm at (888) 437‑7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Wills and Trusts Law Means in Virginia Beach

Wills and trusts practice in Virginia Beach is governed by the Virginia Uniform Trust Code (Va. Code § 64.2‑700 et seq.) and the Virginia Wills Act (§ 64.2‑400 et seq.). The Virginia Beach Circuit Court, located at 2425 Nimmo Parkway, handles probate of wills and trust disputes. Virginia imposes no state estate tax, which simplifies planning for many families. For federal purposes, the estate tax exemption has been set at $15 million per individual for 2026 under the One, Big, Beautiful Bill Act (OBBBA), Pub. L. 119‑21, effective January 1, 2026. Married couples may combine exemptions to shield up to $30 million from federal estate tax.

For smaller estates, Virginia law permits a simplified procedure known as a small estate affidavit. As of 2025, the threshold for using this affidavit is set by statute (Va. Code § 64.2‑601). This allows eligible successors to collect assets without full probate administration. The Circuit Court’s probate division also oversees the appointment of executors and administrators, inventories, and creditor claims periods. Trust administration, by contrast, is largely governed by the trust document and the Virginia Uniform Trust Code, often avoiding court involvement entirely.

Virginia Beach’s significant military and retiree communities often face unique estate planning considerations—coordinating survivor benefits, planning for long‑term care, and structuring trusts for children or grandchildren. Our attorneys understand the local court procedures and work with clients to create plans that reflect their individual circumstances.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Trust and Estate Matters

When you work with Law Offices Of SRIS, P.C., you receive personalized guidance through every stage of the estate planning or probate process. Mr. Sris and the firm’s Of Counsel attorneys begin by listening to your goals—whether that is protecting a family business, providing for a special needs beneficiary, or minimizing administrative burdens. They then explain Virginia’s legal requirements and prepare documents that comply with statutory formalities.

For will drafting, this includes ensuring proper execution under Va. Code § 64.2‑403 to avoid challenges. For trusts, we assist with funding the trust and advising on tax‑efficient strategies. In probate matters, we represent executors and administrators, helping them navigate the Circuit Court’s procedural steps—including filing an inventory within four months and addressing creditor claims within the one‑year period set by statute. If a will contest or fiduciary‑litigation dispute arises, our litigators are prepared to represent your interests in the Virginia Beach Circuit Court. Throughout, we keep you informed of the timeline, which varies by case complexity and court scheduling.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., brings decades of legal experience to trust and estate matters. A former prosecutor, he is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and founded the firm in 1997. His background includes testifying before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), reflecting a thorough understanding of Virginia’s legislative process. Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience. Results may vary.

The firm’s Of Counsel attorneys contribute additional knowledge in areas such as fiduciary litigation, guardianship, and tax‑sensitive planning. Their collective experience, combined with Mr. Sris’s hands‑on involvement, enables Law Offices Of SRIS, P.C. to serve Virginia Beach clients with thorough, individualized representation. The firm’s Richmond Location—7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225—serves as our base for Virginia Beach matters. Our location is by appointment; call (888) 437‑7747 to schedule.

Frequently Asked Questions

Do I need a lawyer to create a will in Virginia Beach?

You are not legally required to hire a lawyer to create a will in Virginia, but an attorney can help ensure your will complies with Va. Code § 64.2‑403’s formal requirements and accurately reflects your intentions. Improperly executed wills may be challenged or invalidated. An experienced lawyer can also advise on tax‑efficient strategies and integration with trusts, providing peace of mind that your wishes will be carried out.

How does probate work in Virginia Beach?

Probate is the court‑supervised process of validating a will and administering a decedent’s estate, and in Virginia Beach it takes place in the Circuit Court at 2425 Nimmo Parkway. The executor files the will, inventories assets, pays debts and taxes, and distributes remaining property to beneficiaries. Virginia’s probate procedure includes statutory deadlines, such as filing an inventory within four months and allowing a one‑year creditor‑claims period. An attorney can guide the executor through each step.

What is the federal estate tax exemption for 2026?

As of 2026, the federal estate tax exemption is $15 million per individual under the One, Big, Beautiful Bill Act (OBBBA), Pub. L. 119‑21. This means estates valued below the exemption do not owe federal estate tax. Married couples may combine exemptions to shield up to $30 million. Virginia imposes no separate state estate tax. For case‑specific advice, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.

Can I avoid probate in Virginia with a revocable living trust?

Yes, a properly funded revocable living trust can avoid probate in Virginia because assets titled in the trust pass outside the probate court. You retain control during your lifetime; upon incapacity or death, the successor trustee manages and distributes assets without court involvement. This can expedite the process and maintain privacy, though trust administration still requires careful management.

What happens if I die without a will in Virginia Beach?

If you die without a valid will (intestate), Virginia’s intestacy laws at Va. Code § 64.2‑200 et seq. Dictate how your property is distributed. Generally, assets pass to your surviving spouse and descendants, or to parents and siblings if there is no spouse or descendants. The court appoints an administrator, and probate follows, which may result in distribution that does not reflect your preferences. Having a will is strongly recommended.

What is a small estate affidavit in Virginia?

Virginia permits a simplified probate procedure called a small estate affidavit when the estate’s value does not exceed a statutory threshold and meets other requirements. The threshold was raised by a 2025 amendment to Va. Code § 64.2‑601. Qualifying successors can collect assets without full probate administration. An attorney can determine if an estate qualifies and prepare the necessary documents.

How can a trust help with planning for incapacity in Virginia Beach?

A revocable living trust enables you to appoint a successor trustee to manage your assets if you become incapacitated, avoiding the need for court‑ordered guardianship or conservatorship. This is especially valuable for Virginia Beach retirees who want to maintain control over their affairs. The trust document should include clear incapacity provisions, allowing the trustee to act promptly on your behalf without court intervention.

What is the difference between a will and a trust?

A will takes effect after your death and directs distribution of assets through probate; a trust can take effect during your lifetime and may avoid probate. Trusts offer greater flexibility for managing assets during incapacity and after death, while wills serve as foundational documents that nominate guardians for minor children and name an executor. Many clients use both a will and a trust in a coordinated plan.

Speak with a Virginia Beach Wills and Trusts Lawyer

To discuss your estate planning goals or probate matter, contact Law Offices Of SRIS, P.C. Our Richmond Location serves Virginia Beach, Sandbridge, and Oceana. Mr. Sris and the firm’s Of Counsel attorneys are available by appointment. Call (888) 437‑7747 to request a consultation.

Our firm also assists clients with estate planning in Richmond and Fairfax and throughout Virginia.

Additional Virginia trust and estate resources: Virginia Code Title 64.2 – Wills, Trusts, and Fiduciaries; Virginia Beach Circuit Court.

Last reviewed: July 2026

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