Trust & Estate Lawyer in Chesapeake, VA
Virginia Trust & Estate Law
Virginia trust and estate law governs how assets are managed during life and distributed after death. The Virginia Uniform Trust Code (Va. Code § 64.2-700 et seq.) provides rules for creating and administering trusts. The Virginia Wills Act (§ 64.2-400 et seq.) sets requirements for valid wills. Probate occurs in the Circuit Court where the deceased lived. Virginia has no state estate tax; only federal estate tax applies with a $15 million exemption (2026).
Last verified: March 2026 | Chesapeake Circuit Court | Virginia Code
Official Legal Resources
Chesapeake Estate Procedures
Wills are probated in Chesapeake Circuit Court. The executor or administrator must file an inventory of estate assets within four months of appointment. Creditors have one year from the date of qualification to file claims against the estate. Trust administration is governed by the trust document and the Virginia Uniform Trust Code, which may avoid probate entirely.
- File the will or petition for administration with the Chesapeake Circuit Court clerk.
- The court appoints an executor (if named in will) or administrator (if no will).
- Executor files an inventory of all estate assets within four months.
- Notify creditors and pay valid debts from estate assets.
- File final account with the court and distribute remaining assets to beneficiaries.
Penalties and Consequences
In Chesapeake, breach of fiduciary duty by an executor or trustee can lead to removal, surcharge, and personal liability under Virginia law.
| Issue | Classification | Court Action | Financial Impact | Additional Consequences |
|---|---|---|---|---|
| Will Contest | Civil Litigation | Estate frozen during case | Legal fees: $5,000+ | Possible invalidation of will |
| Breach of Fiduciary Duty | Removal proceeding | Executor/trustee removed | Surcharge for losses | Personal liability for damages |
| Undue Influence | Will/Trust Challenge | Document may be voided | Costs of litigation | Intestate distribution applies |
| Failure to File Inventory | Contempt of Court | Fines, removal | Court penalties | Delay in estate distribution |
Results may vary. Each estate matter depends on specific facts and court decisions.
Firm Credentials
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our attorneys have combined legal experience exceeding 120 years. We have handled 4,739+ cases firm-wide across Virginia, Maryland, New Jersey, New York, and DC with a favorable outcome rate of 93%+. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute. Our tagline: “Global advocacy. Local precision.”
Case Experience
Law Offices Of SRIS, P.C. has 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC. Our favorable outcome rate is 93%+. We represent clients in Chesapeake for estate planning, probate administration, will contests, and trust litigation.
Results may vary. Prior results do not aim for a similar outcome.
Local Service Area
Our Richmond location serves clients at Chesapeake courts. We are accessible via I-64, I-464, and Route 168. Trust and estate lawyer near Chesapeake City Hall and the Greenbrier area. We serve Chesapeake, Deep Creek, Great Bridge, and Greenbrier. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
Phone: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions
What is the difference between a will and a trust in Virginia?
A will takes effect after death and goes through probate court (Va. Code § 64.2-400). A trust can manage assets during your lifetime and after death, avoiding probate under the Virginia Uniform Trust Code (§ 64.2-700).
How long does probate take in Chesapeake Circuit Court?
Typically 1-2 years. The executor must file an inventory within 4 months, and creditors have 1 year to make claims. Complex estates or will contests can extend this timeline.
Does Virginia have a state estate tax?
No. Virginia repealed its state estate tax. Only federal estate tax applies, with a $15 million exemption (2026). Most estates in Chesapeake do not owe federal tax.
What happens if someone dies without a will in Virginia?
Virginia intestacy laws (Va. Code § 64.2-200) determine inheritance. A spouse typically receives everything if there are no children, or shares with children. The court appoints an administrator.
Can an executor be removed in Virginia?
Yes. The Chesapeake Circuit Court can remove an executor for breach of fiduciary duty, mismanagement, or conflict of interest under Va. Code § 64.2-1410. The executor may face personal liability.
Related Legal Services
Last verified: March 2026. Information current as of February 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.