New Virginia Estate, Trust and Fiduciary Laws 2026
Each year, the Virginia General Assembly enacts changes to the Commonwealth's estate, trust and fiduciary laws. While many of the 2026 amendments are procedural rather than sweeping, they provide greater clarity for estate administration, trust management, powers of attorney, and guardianship proceedings.
They also provide important guidance for fiduciaries and may affect how estates and trusts are administered throughout the Commonwealth. Below is an overview of several noteworthy changes and what they may mean for Virginia families, executors, trustees, agents under powers of attorney, and other fiduciaries.
Probate Administration
Standardized Small Asset Affidavit (HB 100)
House Bill 100 creates a uniform Small Asset Affidavit to be prepared by the Office of the Executive Secretary of the Supreme Court of Virginia.
Virginia law allows certain estates to be administered without formal probate through the use of a Small Asset Affidavit. Prior to this legislation, affidavits were often prepared in different formats, leading to inconsistent practices among financial institutions and other asset holders.
Beginning July 1, 2026, individuals seeking to collect assets under Virginia's Small Asset Affidavit statute must use the standardized form adopted by the Office of the Executive Secretary. The goal is to simplify the process, reduce confusion and promote consistency throughout the Commonwealth.
What this means: While the law does not change who qualifies to use a Small Asset Affidavit, it should make administration of qualifying small estates more efficient for heirs, financial institutions and court personnel.
More Time to Claim Statutory Family Allowances (HB 306)
House Bill 306 provides surviving spouses and other eligible family members with additional time to claim Virginia's statutory family allowance, exempt property allowance and homestead allowance.
Previously, these allowances generally had to be claimed within one year of the decedent's death. In estates where probate was delayed, that deadline could expire before a personal representative was even appointed.
Under the new law, eligible individuals generally have one year from the later of:
- the admission of the will to probate, or
- the qualification of an administrator in an intestate estate,
to claim these statutory benefits.
The legislation also protects bona fide purchasers of real estate by limiting the effect of untimely claims against property that has already been transferred.
What this means: The change provides families with a more realistic opportunity to evaluate their rights while preserving certainty in real estate transactions.
New Procedure for Notice to Estate Creditors (HB 307)
House Bill 307 establishes a formal statutory process allowing a personal representative to provide notice to creditors of an estate.
The new procedure enables executors and administrators to notify potential creditors and establish deadlines for the presentation of claims, providing another tool for efficient probate administration. This promotes more efficient estate administration by identifying and resolving creditor claims earlier in the probate process.
What this means: Personal representatives now have another tool to help bring estates to a timely conclusion and reduce uncertainty before making final distributions.
Powers of Attorney
Clarifying an Agent's Duty to Provide Information (HB 510)
House Bill 510 updates Virginia's Uniform Power of Attorney Act by clarifying an agent's obligation to provide information regarding actions taken on behalf of the principal.
Although the legislation does not significantly expand or limit an agent's authority, it provides additional guidance regarding disclosure obligations and reinforces the fiduciary nature of the agent's role.
What this means: Individuals serving under a power of attorney should continue to maintain complete financial records and understand their ongoing fiduciary responsibilities.
Trusts
New Standard for Undue Influence in Trust Contests (SB 540)
Senate Bill 540 makes one of the year's most significant substantive changes by modifying the evidentiary standard in trust contests involving allegations of undue influence.
When the evidence gives rise to a legal presumption of undue influence, the law now requires the fact finder to presume undue influence unless sufficient evidence demonstrates that the trust reflects the settlor's true intent.
This change brings Virginia trust litigation more closely in line with existing principles governing will contests.
What this means: Individuals creating or substantially revising trusts—particularly those involving elderly clients or significant changes benefiting caregivers or others in confidential relationships—should ensure that the planning process is carefully documented to help demonstrate the settlor's intent.
Updates to Virginia's Asset Protection Trust Law (HB 1513)
House Bill 1513 refines Virginia's Qualified Self-Settled Spendthrift Trust Act, which governs Virginia domestic asset protection trusts.
The legislation clarifies a trustee's authority to reimburse a settlor for certain tax liabilities attributable to the trust, subject to specified limitations, and removes redundant statutory language concerning the appointment of successor qualified trustees.
These changes are technical in nature but further modernize Virginia's asset protection trust statutes.
What this means: Individuals who have established—or are considering establishing—a Virginia domestic asset protection trust should review their planning documents with counsel to determine whether any updates are appropriate.
Guardianships
Streamlining Guardianship Administration (HB 1119)
House Bill 1119 removes the requirement that circuit court clerks transmit certain guardianship orders and qualification certificates to the Virginia Department of Medical Assistance Services.
The legislation eliminates an administrative reporting requirement that is no longer considered necessary.
What this means: Families involved in guardianship proceedings are unlikely to notice any substantive change, but the amendment should reduce administrative burdens for courts and practitioners.
Looking Ahead
The 2026 legislative session did not dramatically reshape Virginia's estate and trust laws. Instead, the General Assembly focused on improving efficiency, clarifying fiduciary responsibilities and modernizing statutes that govern probate administration, trust management, powers of attorney, and guardianships.
Frequently Asked Questions About Virginia's New Estate and Trust Laws
What estate and trust law changes took effect in Virginia on July 1, 2026?
Several legislative changes became effective on July 1, 2026, affecting probate administration, powers of attorney, trusts and guardianships. Updates include a standardized Small Asset Affidavit, extended deadlines for claiming family allowances, a new procedure for notifying estate creditors, clarification of an agent's duties under a power of attorney, a revised standard for proving undue influence in trust contests and technical updates to Virginia's domestic asset protection trust laws.
Does the new Small Asset Affidavit law change who qualifies for a simplified probate process?
No. House Bill 100 does not change eligibility requirements for using Virginia's Small Asset Affidavit procedure. Instead, it requires the use of a standardized form developed by the Office of the Executive Secretary of the Supreme Court of Virginia. The goal is to create consistency and reduce delays when collecting qualifying estate assets.
How long do surviving family members have to claim Virginia's family allowance and exempt property allowance?
Under House Bill 306, eligible individuals generally have one year from the later of the admission of a will to probate or the qualification of an administrator in an intestate estate to claim these statutory benefits. This change gives families additional time to evaluate and pursue available rights when estate administration is delayed.
What should agents under a Virginia power of attorney do in light of the new law?
Individuals serving as agents under a power of attorney should continue to determine whether any changes to their planning or administration practices are warranted.
If you have questions about how these new laws may affect your estate plan, the administration of an estate or your responsibilities as a fiduciary, our estate planning and probate team would be pleased to assist you.
About Our Estate Litigation Team
When an estate dispute is on the horizon, the stakes are personal and the legal questions are complex. Whiteford's Estates, Trusts, & Fiduciary Litigation Practice Team in Richmond, Virginia helps executors, trustees, heirs and beneficiaries navigate these disputes, from the earliest warning signs through trial.
Our attorneys litigate will contests and trust challenges grounded in undue influence, fraud and lack of capacity; breach of fiduciary duty claims against executors and trustees; challenges to beneficiary, pay-on-death and transfer-on-death designations; and partition and real estate disputes among heirs. We also handle guardianship and conservatorship proceedings, power of attorney disputes; and questions of will and trust interpretation.
Gregory S. Bean is a partner in Whiteford's Richmond and Virginia Beach, Virginia offices. He represents executors, trustees, heirs and beneficiaries in will contests, trust challenges and fiduciary misconduct claims, and his practice extends to will and trust interpretation, power of attorney disputes and guardianship and conservatorship matters. Greg holds Best Lawyers in America® recognition in both Trusts and Estates and Civil Litigation. Reach him at GBean@whitefordlaw.com or (804) 977-1241.
Brett C. Herbert is a partner in Whiteford's Richmond, Virginia office. His practice centers on contested estate and trust matters—will contests, trust challenges and breach of fiduciary duty claims against executors and trustees—along with partition matters and guardianship and conservatorship proceedings, both routine and contested. Brett has been recognized as a Virginia Super Lawyers "Rising Star" and named to Best Lawyers in America® Ones to Watch in Trusts and Estates. Reach him at BHerbert@whitefordlaw.com or (804) 977-1242.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.