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Which Trust Waiver Form Do I File?

TRUST

SOME trusts allow for a Waiver of Inventory and Account filing form to be filed pursuant to Virginia Code § 64.2-1307 in lieu of itemized annual filings. The list below will help the trustee determine if they qualify to file a Waiver form, and if so, which form should be filed.

If the trustee is unable to determine if they qualify to file a waiver after reviewing this list, the trustee may wish to seek legal advice regarding whether the trust qualifies for such a waiver. This office cannot give legal advice.

Submit the Consent of Beneficiaries with No Direction to File in Will form if:

  • Decedent’s will was probated on or after July 1, 2010;
  • Decedent’s will does not contain language directing trustee to file inventory and accounts;
  • Trustee provides all adult current beneficiaries a copy of the will, advice of their right to require annual accounts, and a copy of §64.2-1307;
  • Trustee provides all representatives of any incapacitated current beneficiaries a copy of the will, advice of their right to require annual accounts, and a copy of §64.2-1307;
  • All adult current beneficiaries sign their consent to waive filings; and
  • All representatives of any incapacitated current beneficiaries sign their consent to waive filings.

Submit the Consent of Beneficiaries with Waiver in Will form if:

  • Decedent’s will was probated at any time. There are no date restrictions;
  • Decedent’s will contains language waiving the obligation to account to the Court;
  • Trustee provides all adult current beneficiaries a copy of the waiver language in the will, advice of their right to require annual accounts, and a copy of §64.2-1307; or the trustee declares there are no adult beneficiaries; and
  • All adult current beneficiaries sign their consent to waive filings.

Submit the Trustee as Sole Beneficiary form if:

  • Decedent’s will was probated at any time. There are no date restrictions; and
  • Any or all trustees are sole beneficiaries of the trust.

    Reminders for Filing All Trust Waiver Forms

    • A separate form must be filed for each trust under a decedent’s will where there has been qualification.
    • Waivers must be filed on or before the due date on which the inventory or next required accounting would otherwise be due.
    • Original signatures are required by all trustees.
    • Filing fee of $25 must accompany a waiver form.