Who must file
The fiduciary of a resident estate or trust must file a return if the estate or trust is required to file a federal fiduciary income tax return (Form 1041), or if it had any Virginia taxable income.
"Resident estate or trust" means:
- The estate of a Virginia resident decedent,
- A trust created under the will of a Virginia resident,
- A trust created by, or consisting of property of, a Virginia resident, or
- An estate or trust administered by a Virginia resident or under the supervision of a Virginia court.
The fiduciary of a nonresident estate or trust must file a return if the estate or trust had income or gain from Virginia sources and was required to file a federal fiduciary income tax return.
When to file
Calendar year filers must file Form 770 no later than May 1. Fiscal year returns are due no later than the 15th day of the 4th month following the close of your taxable year.
If the due date falls on a Saturday, Sunday, or holiday, you have until the next business day to file with no penalty.
How to file
Electronic filing requirement - Beginning with returns due on or after January 1, 2018, you must file all fiduciary income tax returns and make all payments electronically.
- Use approved tax preparation software to file your fiduciary income tax return (Form 770). We accept both original and amended returns electronically.
If filing electronically causes undue hardship, you can request a temporary waiver to file on paper.
Virginia grants an automatic 6-month filing extension for fiduciary income returns.
The extension provisions do not apply to payment of any tax due with your return. To avoid penalties, you must pay at least 90% of the fiduciary's final tax liability by the original due date. Interest will apply to any balance that is not paid by the original due date.
If you are unable to file your return by the due date and will owe tax, make an extension payment by the due date to avoid penalty and interest.
Extension payment options
If filing on paper, use Form 770IP to make a payment.
Estimated income tax payments
An estate or trust must make installment payments of estimated income tax if its Virginia income tax can reasonably be expected to be $150 or more for the taxable year. Estates are not required to make estimated tax payments until the first taxable year that ends 1 year or more after the decedent’s date of death.
Estimated tax payment options
If filing on paper, use Form 770ES to make estimated payments.