Estate Planning Lawyer Fairfax VA

Planning for the future of your family and your assets requires careful attention to Virginia law and the procedures of the Fairfax County courts. Whether you are drafting a will, establishing a trust, or preparing for the possibility of incapacity, having experienced legal guidance helps ensure that your intentions are clearly documented and that your documents will hold up when they are needed. Mr. Sris and the firm’s Of Counsel attorneys at Law Offices Of SRIS, P.C. assist individuals and families in Fairfax and throughout Northern Virginia with a full range of estate planning matters. The firm’s Fairfax location provides a convenient point of contact, and clients across the Commonwealth work with the firm through scheduled consultations. To discuss your estate planning goals, reach the firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Last reviewed: July 2026

What Estate Planning Means in Fairfax, Virginia

Estate planning in Fairfax County is shaped by Virginia’s statutory framework and the practices of the Fairfax Circuit Court, which handles probate, trust, and guardianship matters. Virginia law recognizes several instruments for directing the distribution of property at death and for managing affairs during incapacity, including wills (governed by Title 64.2 of the Virginia Code), revocable living trusts, durable powers of attorney, and advance medical directives. In Fairfax, the Circuit Court’s Probate Division and the Commissioner of Accounts oversee the administration of estates and trusts, ensuring that fiduciaries comply with statutory requirements.

The Fairfax jurisdiction has a high volume of estate matters, reflecting the county’s large and diverse population. Many residents own real property that has appreciated substantially, hold retirement accounts, and have family interests that extend beyond Virginia’s borders. Mr. Sris and the firm’s Of Counsel attorneys work with clients to develop estate plans that address these realities. Because Virginia is a separate-property state with elective-share provisions for surviving spouses, tailored planning is important for blended families and couples who may have relocated from community-property jurisdictions.

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

The firm takes a structured approach to each estate planning engagement. An initial consultation identifies the client’s goals—whether the priority is minimizing probate, providing for a beneficiary with special needs, or establishing a framework for business succession. The attorney then reviews existing documents, explains the Virginia legal tools available, and drafts tailored instruments. Mr. Sris and the firm’s Of Counsel attorneys focus on making the process understandable, so clients can make informed decisions without being overwhelmed by legal jargon.

For estate plans that include trusts, the firm handles the funding of the trust—that is, retitling assets so that the trust operates as intended. The firm also coordinates with financial advisers and accountants where appropriate, maintaining a collaborative approach. When probate is necessary later, the firm assists executors and administrators with qualifying before the Fairfax Circuit Court, preparing inventories and accountings for the Commissioner of Accounts, and distributing assets to beneficiaries. Throughout, the firm strives to help families avoid common pitfalls and keep the administration moving without unnecessary delay.

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

Law Offices Of SRIS, P.C. was founded in 1997 and practices in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris, Owner and Founder, is a former prosecutor and brings extensive experience to the firm’s estate planning practice. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), demonstrating his engagement with legislative developments relevant to Virginia families.

The firm’s Of Counsel attorneys add additional depth, and together they bring extensive combined legal experience between Mr. Sris and the firm’s Of Counsel attorneys. Clients benefit from a team-based approach: multiple attorneys may contribute insight on a matter, while the client maintains a primary point of contact. The firm is equipped to assist clients whose estate planning needs involve cross-jurisdictional considerations, such as property held in multiple states or family-law issues that intersect with estate distribution.

Frequently Asked Questions

Do I really need a lawyer to create a will in Fairfax County?

You are not legally required to hire a lawyer to draft a will in Virginia, but working with an experienced attorney helps ensure the document is properly executed and clearly states your wishes. Virginia law imposes specific formalities for a will to be valid: it must be in writing, signed by the testator, and attested by two competent witnesses. A poorly drafted or improperly executed will can lead to costly litigation. An attorney can also identify issues that a form will might miss—such as the need for a trust for minor children or tax-planning strategies—and advise on the interaction between a will and non-probate assets. For guidance specific to your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

What is the difference between a revocable living trust and a will in Virginia?

A will takes effect only after death and must go through probate, while a revocable living trust can manage assets during your lifetime and avoid probate at death. In Virginia, probate in the Fairfax Circuit Court involves court filings, oversight by the Commissioner of Accounts, and public record of the estate. Assets held in a properly funded living trust generally transfer privately and without court involvement. A trust also allows you to name a successor trustee to manage assets if you become incapacitated, which can help avoid the need for a court-appointed guardian or conservator. The trusted choice depends on your assets and family dynamics.

How does incapacity planning work under Virginia law?

Incapacity planning in Virginia typically involves a durable power of attorney, an advance medical directive, and, in some cases, a living trust. A durable power of attorney designates an agent to handle financial and legal matters if you become unable to do so. An advance medical directive allows you to name a health care agent and state your wishes about life-prolonging treatment. If those documents are not in place and you become incapacitated, your family may need to petition the Fairfax Circuit Court for a guardianship or conservatorship under Va. Code § 64.2-2000, a process that can be time-consuming and costly. Early planning puts you in control.

What happens if someone dies without a will in Fairfax County?

If a Virginia resident dies without a valid will, the estate is distributed according to the Commonwealth’s intestacy laws, which may not align with the decedent’s actual wishes. Virginia’s intestate succession statute (Va. Code § 64.2-200) sets a default scheme. Typically, a surviving spouse and children share the estate in proportions fixed by law. Unmarried partners, stepchildren not formally adopted, and friends receive nothing under intestacy. The probate process still runs through the Fairfax Circuit Court, but without a will naming an executor, the court will appoint an administrator. Intestacy can create uncertainty and family disputes that could have been avoided with a will.

How do I choose an executor or trustee?

Selecting an executor or trustee is one of the most important decisions in your estate plan; the person must be trustworthy, organized, and capable of fulfilling legal duties. An executor administers your probate estate, filing the will with the Fairfax Circuit Court, managing estate assets, paying debts, and distributing property. A trustee manages trust assets according to the trust’s terms. You may choose a family member, a friend, or a professional fiduciary. Because Virginia imposes fiduciary standards, it is wise to discuss the responsibilities with your chosen person ahead of time and to name a successor in case the first choice cannot serve. For a consultation on selecting the right fiduciaries, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

Attorney advertising. Prior results do not guarantee a similar outcome.

Results may vary.

Case results depend on a variety of factors unique to each case.