Filing Responsibilities of Testamentary Trustees

Office of the Assistant Commissioner of Accounts

Serving as a trustee is an important fiduciary responsibility. When a testamentary trust is subject to supervision by a Virginia Circuit Court, the trustee may be required to file an Inventory and periodic Accounts with the Commissioner of Accounts.

The Commissioner of Accounts is appointed by the judges of the Circuit Court and has statutory responsibility for the general supervision of fiduciaries who qualify before the court or its clerk and for the settlement of fiduciary accounts. See Virginia Code § 64.2-1200. [courts.state.va.us]

The Office of the Assistant Commissioner of Accounts assists in the review and administration of fiduciary filings under the supervision of the Commissioner of Accounts.

This page provides general guidance to trustees concerning the principal filing requirements, deadlines, forms, and supporting documentation associated with a Virginia testamentary trust.

Important: The requirements applicable to a particular trust depend upon the trust instrument, the trustee’s qualification, applicable Virginia law, and any waiver of accounting requirements. Trustees should not assume that every trust has the same filing obligations.

1. What Is a Testamentary Trust?

A testamentary trust is a trust created under a decedent’s Last Will and Testament. Unlike a revocable living trust created during the settlor’s lifetime, a testamentary trust generally comes into existence as part of the administration of the decedent’s estate.

A common example is a will directing that property passing to a minor or younger beneficiary be held in trust until the beneficiary reaches a specified age. The trustee may be authorized to use trust property for purposes specified in the will while the trust remains in existence. Virginia’s Conference of Commissioners of Accounts explains that testamentary trusts are generally subject to court supervision, although exceptions and statutory waivers may apply. [vaccoa.com]

A testamentary trustee ordinarily qualifies before the Clerk of the Circuit Court and receives a certificate evidencing the trustee’s appointment and authority. [vaccoa.com]

2. The Trustee’s Filing Responsibilities

A trustee subject to Commissioner of Accounts supervision should pay particular attention to three stages of administration:

1. Inventory of the trust assets
2. Annual trust accountings
3. Final accounting when administration of the trust ends

Missing a filing deadline can result in delinquency proceedings and additional fees. The Virginia Conference of Commissioners of Accounts specifically cautions testamentary trustees to observe the applicable filing timelines. [vaccoa.com]

3. Trust Inventory: Generally Due Within Four Months After the Trustee First Receives Assets

Virginia Code § 64.2-1300(C) provides that a trustee who qualifies in the Circuit Court clerk’s office must generally file an Inventory with the Commissioner of Accounts within four months after the first date the trustee receives any trust assets. [law.lis.virginia.gov]

The deadline is tied to funding, not merely qualification.

This distinction is important.

A testamentary trustee may qualify before receiving property from the decedent’s estate. The statutory four-month period for the trustee’s Inventory generally begins when the trustee first receives assets, rather than simply on the date of qualification. [law.lis.virginia.gov], [vaccoa.com]

Example

If a trustee qualifies on April 1 but does not receive the trust property until September 15, the trust Inventory filing period is generally measured from the receipt of the trust assets, not April 1.

Valuation of Trust Property

Property reported on the Inventory is valued at its market value as of the date the trustee receives the property. Virginia Code § 64.2-1300(D). [law.lis.virginia.gov]

Trustees should therefore retain documentation establishing both:

• the date each asset was received; and
• its value as of that date.

4. Virginia Trust Inventory Form and Instructions

Trustees should use the current Virginia fiduciary forms applicable to trusts.

Inventory for Trust

Virginia Form CC-1673, Inventory for Trust

The Fairfax Commissioner of Accounts maintains links to both the Inventory and the Commonwealth’s instructions. [fairfaxcom…counts.org]

Forms:

• Trust Inventory, Form CC-1673
• Commonwealth of Virginia Instructions for the Trust Inventory
• Virginia Circuit Court Fiduciary Forms

The Virginia Conference of Commissioners of Accounts also maintains a public collection of testamentary-trust forms and references. [vaccoa.com]

5. The First Trust Account

After filing the Inventory, a trustee who is required to account must prepare the first fiduciary Account.

Under the Commonwealth’s instructions for Form CC-1684:

• the first account generally covers the period beginning with the trustee’s qualification and ending December 31 of that year;
• the second and subsequent accounts cover the applicable calendar year; and
• trust accounts are generally due May 1 of the following year and thereafter no less frequently than annually. [vacourts.gov]

Example

Assume a trustee qualifies in 2026.

The first Account would ordinarily cover the applicable period through:

December 31, 2026

and would ordinarily be due:

May 1, 2027.

Trustees should always review the instructions applicable to their particular filing and any correspondence received from the Commissioner of Accounts.

6. Annual Trust Accounts

After the first Account, subsequent Accounts generally cover the calendar year:

January 1 through December 31

and are filed by:

May 1 of the following year. [vacourts.gov], [vaccoa.com]

A trustee should therefore maintain the trust’s financial records continuously throughout administration rather than attempting to reconstruct the year’s activity shortly before the filing deadline.

7. What Is Reported on the Trust Account?

Virginia Form CC-1684 provides the summary structure used for a trust Account. Among other things, the form separately reports:

• Beginning Assets;
• Principal Receipts;
• Income Receipts;
• Gains on Asset Sales;
• Adjustments;
• Principal Disbursements;
• Income Disbursements;
• Losses on Asset Sales;
• Principal Distributions;
• Income Distributions;
• Assets on Hand; and
• Market Value of Assets on Hand. [vacourts.gov]

The form requires the accounting totals to balance. [vacourts.gov]

The Virginia Conference of Commissioners of Accounts explains that itemized schedules accompany the applicable entries on the cover sheet and provides additional explanation of how the accounting categories function. [vaccoa.com]

8. Supporting Documentation Is Important

The Account is more than a summary of numbers.

The Commonwealth’s instructions require appropriate documentation supporting the Account. The instructions address documentation such as financial institution records, settlement documentation, receipts and vouchers, and specify acceptable documentation for certain canceled checks. The Commissioner may also require a fiduciary to exhibit a proper voucher for a particular payment or distribution. [vacourts.gov]

Trustees should maintain organized records throughout the accounting period, including records supporting:

• receipts;
• expenditures;
• beneficiary distributions;
• purchases and sales of investments or other assets;
• assets remaining on hand; and
• other transactions affecting trust principal or income.

The particular documentation required for a filing should be determined from the Commonwealth’s instructions and requirements of the Commissioner’s office.

9. Form for the Trust Account

Account for Trust: Form CC-1684

The Commonwealth of Virginia uses Form CC-1684, Account for Trust. [vacourts.gov]

Resources include:

• Virginia Form CC-1684, Account for Trust
• Official Instructions for Form CC-1684
• Fairfax Commissioner of Accounts Trust Forms
• Virginia Circuit Court Fiduciary Forms

The Fairfax trust-forms page also provides separate links to the Inventory, Inventory instructions, Account, Account instructions, and forms relating to potential waivers. [fairfaxcom…counts.org]

10. All Trustees Must Sign the Account

Where there are multiple trustees, trustees should pay particular attention to the signature requirement.

The Commonwealth’s instructions state that Accounts required by law to be filed must be signed by each trustee, and Form CC-1684 itself notes that Virginia law requires every Account to be signed by all trustees. [vacourts.gov], [vacourts.gov]

A co-trustee should therefore not assume that another trustee’s signature alone completes the filing requirement.

11. Is Every Testamentary Trustee Required to File Annual Accounts?

Not necessarily.

Virginia law recognizes circumstances in which a testamentary trustee may not be required to file accounts. Virginia Code § 64.2-1307 addresses certain testamentary trusts where accounts may be waived, and Virginia Code § 64.2-1300 provides a corresponding Inventory exemption while there is no duty to file annual accounts. [law.lis.virginia.gov]

Because the applicability of a waiver depends upon the governing instrument and statutory requirements, a trustee should not simply stop filing because the trustee believes a waiver applies.

The Fairfax Commissioner of Accounts provides specific materials addressing waivers, including:

• a Checklist to Determine Which Form to File;
• Consent of Beneficiaries with No Direction to File in Will;
• Consent of Beneficiaries with Waiver in Will; and
• a Trustee as Sole Beneficiary form. [fairfaxcom…counts.org]

View Fairfax Trust Waiver Forms and Checklist

12. Final Account and Completion of the Trust

A trust does not necessarily terminate simply because an annual Account has been filed.

The governing trust provisions determine when the trustee’s administration and distributions are to be completed. The Virginia Conference of Commissioners of Accounts explains that the timing of the final administration depends upon the terms of the trust and completion of the final distribution of trust assets. [vaccoa.com]

The trustee’s final Account ordinarily reflects completion of administration and distribution of the assets. The Conference’s accounting guidance states that the final accounting will show zero assets on hand after the assets have been properly disbursed or distributed according to the terms of the trust. [vaccoa.com]

13. Quick Reference: Trustee Filing Calendar

14. A Trustee’s Practical Filing Checklist

Before submitting a filing to the Commissioner of Accounts, the trustee should consider whether the following have been completed:

Inventory

☐ Identify the date the trust first received assets
☐ Identify all property received by the trust
☐ Determine appropriate values as of the date received
☐ Complete the applicable Trust Inventory
☐ Review the Commonwealth’s Inventory instructions
☐ Include supporting materials required by the Commissioner’s office
☐ Submit the filing within the applicable deadline

Annual Account

☐ Confirm the accounting period
☐ Reconcile beginning assets to the Inventory or prior Account
☐ Report principal and income receipts separately where required
☐ Report disbursements and beneficiary distributions
☐ Account for gains and losses on asset sales
☐ Identify assets remaining on hand
☐ Assemble the required supporting documentation
☐ Obtain the signatures of all trustees
☐ File the Account by the applicable May 1 deadline

These checklist items are intended as a practical organizational aid. The trustee should follow the official form instructions and requirements of the Commissioner’s office for the actual filing.

15. Official Virginia Resources

Trustees are encouraged to consult the official forms and instructions before preparing a filing.

Virginia Judicial System

Commissioners of Accounts and Circuit Court Fiduciary Forms

Trust Inventory

Virginia Trust Inventory resources

Trust Account

Form CC-1684, Account for Trust

Instructions for Form CC-1684

Fairfax County Trust Forms and Waiver Materials

Fairfax Commissioner of Accounts, Trust Forms

Additional Educational Resources

Virginia Conference of Commissioners of Accounts, Public Resources

The Conference provides educational materials concerning the testamentary-trust Inventory, annual Accounts, filing timeline, and related forms. [vaccoa.com], [vaccoa.com], [vaccoa.com]

Questions About a Trust Filing?

The Office of the Assistant Commissioner of Accounts can provide information concerning filing requirements, applicable forms, deadlines, and the administrative review of fiduciary filings.

The Commissioner’s office, however, does not serve as personal counsel to the trustee or beneficiaries. Questions concerning the interpretation of a will or trust, a trustee’s substantive fiduciary duties, disputed distributions, tax matters, or other legal issues may require advice from qualified counsel or another appropriate professional.

Contact the Office of the Assistant Commissioner of Accounts

Important Notice

This webpage is provided for general informational purposes concerning fiduciary filings. It is not a substitute for the governing will or trust instrument, orders of the Circuit Court, the Code of Virginia, the applicable Virginia fiduciary forms and instructions, or requirements communicated by the Commissioner of Accounts.

Filing requirements may vary depending upon the nature of the trust, the date of qualification, provisions of the governing instrument, and whether a statutory waiver or exception applies.Filing Responsibilities of Testamentary Trustees

Office of the Assistant Commissioner of Accounts

Serving as a trustee is an important fiduciary responsibility. When a testamentary trust is subject to supervision by a Virginia Circuit Court, the trustee may be required to file an Inventory and periodic Accounts with the Commissioner of Accounts.

The Commissioner of Accounts is appointed by the judges of the Circuit Court and has statutory responsibility for the general supervision of fiduciaries who qualify before the court or its clerk and for the settlement of fiduciary accounts. See Virginia Code § 64.2-1200. [courts.state.va.us]

The Office of the Assistant Commissioner of Accounts assists in the review and administration of fiduciary filings under the supervision of the Commissioner of Accounts.

This page provides general guidance to trustees concerning the principal filing requirements, deadlines, forms, and supporting documentation associated with a Virginia testamentary trust.

Important: The requirements applicable to a particular trust depend upon the trust instrument, the trustee’s qualification, applicable Virginia law, and any waiver of accounting requirements. Trustees should not assume that every trust has the same filing obligations.

1. What Is a Testamentary Trust?

A testamentary trust is a trust created under a decedent’s Last Will and Testament. Unlike a revocable living trust created during the settlor’s lifetime, a testamentary trust generally comes into existence as part of the administration of the decedent’s estate.

A common example is a will directing that property passing to a minor or younger beneficiary be held in trust until the beneficiary reaches a specified age. The trustee may be authorized to use trust property for purposes specified in the will while the trust remains in existence. Virginia’s Conference of Commissioners of Accounts explains that testamentary trusts are generally subject to court supervision, although exceptions and statutory waivers may apply. [vaccoa.com]

A testamentary trustee ordinarily qualifies before the Clerk of the Circuit Court and receives a certificate evidencing the trustee’s appointment and authority. [vaccoa.com]

2. The Trustee’s Filing Responsibilities

A trustee subject to Commissioner of Accounts supervision should pay particular attention to three stages of administration:

1. Inventory of the trust assets
2. Annual trust accountings
3. Final accounting when administration of the trust ends

Missing a filing deadline can result in delinquency proceedings and additional fees. The Virginia Conference of Commissioners of Accounts specifically cautions testamentary trustees to observe the applicable filing timelines. [vaccoa.com]

3. Trust Inventory: Generally Due Within Four Months After the Trustee First Receives Assets

Virginia Code § 64.2-1300(C) provides that a trustee who qualifies in the Circuit Court clerk’s office must generally file an Inventory with the Commissioner of Accounts within four months after the first date the trustee receives any trust assets. [law.lis.virginia.gov]

The deadline is tied to funding, not merely qualification.

This distinction is important.

A testamentary trustee may qualify before receiving property from the decedent’s estate. The statutory four-month period for the trustee’s Inventory generally begins when the trustee first receives assets, rather than simply on the date of qualification. [law.lis.virginia.gov], [vaccoa.com]

Example

If a trustee qualifies on April 1 but does not receive the trust property until September 15, the trust Inventory filing period is generally measured from the receipt of the trust assets, not April 1.

Valuation of Trust Property

Property reported on the Inventory is valued at its market value as of the date the trustee receives the property. Virginia Code § 64.2-1300(D). [law.lis.virginia.gov]

Trustees should therefore retain documentation establishing both:

• the date each asset was received; and
• its value as of that date.

4. Virginia Trust Inventory Form and Instructions

Trustees should use the current Virginia fiduciary forms applicable to trusts.

Inventory for Trust

Virginia Form CC-1673, Inventory for Trust

The Fairfax Commissioner of Accounts maintains links to both the Inventory and the Commonwealth’s instructions. [fairfaxcom…counts.org]

Forms:

• Trust Inventory, Form CC-1673
• Commonwealth of Virginia Instructions for the Trust Inventory
• Virginia Circuit Court Fiduciary Forms

The Virginia Conference of Commissioners of Accounts also maintains a public collection of testamentary-trust forms and references. [vaccoa.com]

5. The First Trust Account

After filing the Inventory, a trustee who is required to account must prepare the first fiduciary Account.

Under the Commonwealth’s instructions for Form CC-1684:

• the first account generally covers the period beginning with the trustee’s qualification and ending December 31 of that year;
• the second and subsequent accounts cover the applicable calendar year; and
• trust accounts are generally due May 1 of the following year and thereafter no less frequently than annually. [vacourts.gov]

Example

Assume a trustee qualifies in 2026.

The first Account would ordinarily cover the applicable period through:

December 31, 2026

and would ordinarily be due:

May 1, 2027.

Trustees should always review the instructions applicable to their particular filing and any correspondence received from the Commissioner of Accounts.

6. Annual Trust Accounts

After the first Account, subsequent Accounts generally cover the calendar year:

January 1 through December 31

and are filed by:

May 1 of the following year. [vacourts.gov], [vaccoa.com]

A trustee should therefore maintain the trust’s financial records continuously throughout administration rather than attempting to reconstruct the year’s activity shortly before the filing deadline.

7. What Is Reported on the Trust Account?

Virginia Form CC-1684 provides the summary structure used for a trust Account. Among other things, the form separately reports:

• Beginning Assets;
• Principal Receipts;
• Income Receipts;
• Gains on Asset Sales;
• Adjustments;
• Principal Disbursements;
• Income Disbursements;
• Losses on Asset Sales;
• Principal Distributions;
• Income Distributions;
• Assets on Hand; and
• Market Value of Assets on Hand. [vacourts.gov]

The form requires the accounting totals to balance. [vacourts.gov]

The Virginia Conference of Commissioners of Accounts explains that itemized schedules accompany the applicable entries on the cover sheet and provides additional explanation of how the accounting categories function. [vaccoa.com]

8. Supporting Documentation Is Important

The Account is more than a summary of numbers.

The Commonwealth’s instructions require appropriate documentation supporting the Account. The instructions address documentation such as financial institution records, settlement documentation, receipts and vouchers, and specify acceptable documentation for certain canceled checks. The Commissioner may also require a fiduciary to exhibit a proper voucher for a particular payment or distribution. [vacourts.gov]

Trustees should maintain organized records throughout the accounting period, including records supporting:

• receipts;
• expenditures;
• beneficiary distributions;
• purchases and sales of investments or other assets;
• assets remaining on hand; and
• other transactions affecting trust principal or income.

The particular documentation required for a filing should be determined from the Commonwealth’s instructions and requirements of the Commissioner’s office.

9. Form for the Trust Account

Account for Trust: Form CC-1684

The Commonwealth of Virginia uses Form CC-1684, Account for Trust. [vacourts.gov]

Resources include:

• Virginia Form CC-1684, Account for Trust
• Official Instructions for Form CC-1684
• Fairfax Commissioner of Accounts Trust Forms
• Virginia Circuit Court Fiduciary Forms

The Fairfax trust-forms page also provides separate links to the Inventory, Inventory instructions, Account, Account instructions, and forms relating to potential waivers. [fairfaxcom…counts.org]

10. All Trustees Must Sign the Account

Where there are multiple trustees, trustees should pay particular attention to the signature requirement.

The Commonwealth’s instructions state that Accounts required by law to be filed must be signed by each trustee, and Form CC-1684 itself notes that Virginia law requires every Account to be signed by all trustees. [vacourts.gov], [vacourts.gov]

A co-trustee should therefore not assume that another trustee’s signature alone completes the filing requirement.

11. Is Every Testamentary Trustee Required to File Annual Accounts?

Not necessarily.

Virginia law recognizes circumstances in which a testamentary trustee may not be required to file accounts. Virginia Code § 64.2-1307 addresses certain testamentary trusts where accounts may be waived, and Virginia Code § 64.2-1300 provides a corresponding Inventory exemption while there is no duty to file annual accounts. [law.lis.virginia.gov]

Because the applicability of a waiver depends upon the governing instrument and statutory requirements, a trustee should not simply stop filing because the trustee believes a waiver applies.

The Fairfax Commissioner of Accounts provides specific materials addressing waivers, including:

• a Checklist to Determine Which Form to File;
• Consent of Beneficiaries with No Direction to File in Will;
• Consent of Beneficiaries with Waiver in Will; and
• a Trustee as Sole Beneficiary form. [fairfaxcom…counts.org]

View Fairfax Trust Waiver Forms and Checklist

12. Final Account and Completion of the Trust

A trust does not necessarily terminate simply because an annual Account has been filed.

The governing trust provisions determine when the trustee’s administration and distributions are to be completed. The Virginia Conference of Commissioners of Accounts explains that the timing of the final administration depends upon the terms of the trust and completion of the final distribution of trust assets. [vaccoa.com]

The trustee’s final Account ordinarily reflects completion of administration and distribution of the assets. The Conference’s accounting guidance states that the final accounting will show zero assets on hand after the assets have been properly disbursed or distributed according to the terms of the trust. [vaccoa.com]

13. Quick Reference: Trustee Filing Calendar

14. A Trustee’s Practical Filing Checklist

Before submitting a filing to the Commissioner of Accounts, the trustee should consider whether the following have been completed:

Inventory

☐ Identify the date the trust first received assets
☐ Identify all property received by the trust
☐ Determine appropriate values as of the date received
☐ Complete the applicable Trust Inventory
☐ Review the Commonwealth’s Inventory instructions
☐ Include supporting materials required by the Commissioner’s office
☐ Submit the filing within the applicable deadline

Annual Account

☐ Confirm the accounting period
☐ Reconcile beginning assets to the Inventory or prior Account
☐ Report principal and income receipts separately where required
☐ Report disbursements and beneficiary distributions
☐ Account for gains and losses on asset sales
☐ Identify assets remaining on hand
☐ Assemble the required supporting documentation
☐ Obtain the signatures of all trustees
☐ File the Account by the applicable May 1 deadline

These checklist items are intended as a practical organizational aid. The trustee should follow the official form instructions and requirements of the Commissioner’s office for the actual filing.

15. Official Virginia Resources

Trustees are encouraged to consult the official forms and instructions before preparing a filing.

Virginia Judicial System

Commissioners of Accounts and Circuit Court Fiduciary Forms

Trust Inventory

Virginia Trust Inventory resources

Trust Account

Form CC-1684, Account for Trust

Instructions for Form CC-1684

Fairfax County Trust Forms and Waiver Materials

Fairfax Commissioner of Accounts, Trust Forms

Additional Educational Resources

Virginia Conference of Commissioners of Accounts, Public Resources

The Conference provides educational materials concerning the testamentary-trust Inventory, annual Accounts, filing timeline, and related forms. [vaccoa.com], [vaccoa.com], [vaccoa.com]

Questions About a Trust Filing?

The Office of the Assistant Commissioner of Accounts can provide information concerning filing requirements, applicable forms, deadlines, and the administrative review of fiduciary filings.

The Commissioner’s office, however, does not serve as personal counsel to the trustee or beneficiaries. Questions concerning the interpretation of a will or trust, a trustee’s substantive fiduciary duties, disputed distributions, tax matters, or other legal issues may require advice from qualified counsel or another appropriate professional.

Contact the Office of the Assistant Commissioner of Accounts

Important Notice

This webpage is provided for general informational purposes concerning fiduciary filings. It is not a substitute for the governing will or trust instrument, orders of the Circuit Court, the Code of Virginia, the applicable Virginia fiduciary forms and instructions, or requirements communicated by the Commissioner of Accounts.

Filing requirements may vary depending upon the nature of the trust, the date of qualification, provisions of the governing instrument, and whether a statutory waiver or exception applies.