Virginia probate cost vs living trust cost
The probate side of this comparison reuses the same approach as the Virginia Probate Cost Calculator: a reasonable fiduciary fee under Va. Code § 64.2-1208, reviewed by the Commissioner of Accounts and commonly guided by roughly 5% of the first $400,000 (declining above that), plus a comparable reasonable attorney fee, plus the state probate tax under § 58.1-1712 ($0.10 per $100 over $15,000, plus an optional local add-on). On a $700,000 estate the fiduciary fee alone runs about $32,000. The trust side is market data, not a statutory figure: Virginia attorneys typically charge roughly $1,500–$5,655 for a revocable living trust. See the full breakdown in Virginia Living Trust Setup Cost.
The probate tax specifically only applies to estates that go through probate — a properly funded trust never generates it, since trust assets never pass through the Commissioner of Accounts process at all.