How to Sell Virginia Land Held in a Trust in 2026

Virginia’s mix of mountain views, productive farmland, and fast-growing metro areas keeps land in demand—but selling land held in a trust adds an extra layer of legal and procedural steps. If you’re a trustee or beneficiary, the goal is the same: complete a valid sale that follows the trust terms, protects beneficiaries, and matches today’s market realities.

Market context matters before you choose a price, timeline, and selling strategy. In 2023, the average price per acre for agricultural land in Virginia was $5,434, according to Virginia Cooperative Extension (VCE) Publications - Agricultural Land Sales in Virginia, 2023. At the same time, activity cooled: agricultural land transaction volume for properties of 20 acres or more decreased by 32.2% in 2023, per Virginia Cooperative Extension (VCE) Publications - Agricultural Land Sales in Virginia, 2023. Total sales also fell to 1,461 transactions in 2023—a 32.3% decrease from 2,159 in 2022—according to Virginia Cooperative Extension (VCE) Publications - Agricultural Land Sales in Virginia, 2023. This combination (steady values, fewer deals) can influence how you market trust-owned land and how long you should expect the process to take.

Understanding Trusts and Land Ownership in Virginia

A trust is a legal arrangement where a trustee holds and manages property for beneficiaries. When the trust owns the land, the trustee typically has the authority—and the responsibility—to sell only in a way that complies with the trust document and Virginia law. The details depend on the trust type and the powers granted to the trustee.

Common trust structures that may own Virginia land include:

• Revocable living trusts (often used for estate planning and to avoid probate)
• Irrevocable trusts (often used for tax, asset protection, or long-term planning)
• Land trusts (sometimes used for privacy or streamlined transfers)
• Testamentary trusts (created by a will after death)

In every case, the trust agreement functions as the rulebook: it can limit (or expand) when, how, and to whom the trustee may sell. If the trust language is unclear, a Virginia trust or real estate attorney can interpret the document and help you avoid a sale that beneficiaries later challenge.

Virginia Land Market Snapshot (2023): What Sellers in a Trust Should Know

Pricing and positioning trust-owned land works best when you anchor decisions in real market distribution—not just headline averages.

• Most sales clustered under $7,000/acre: Seventy-six percent of 2023 agricultural land sales in Virginia were less than $7,000 per acre, according to Virginia Cooperative Extension (VCE) Publications - Agricultural Land Sales in Virginia, 2023.
• Fewer “premium” outliers: In 2023, only 29 agricultural land parcels in Virginia sold for over $15,000 per acre, compared to 209 in 2022, per Virginia Cooperative Extension (VCE) Publications - Agricultural Land Sales in Virginia, 2023. If your property needs a premium price, expect more scrutiny from buyers and potentially more time on market.
• Regional pricing varies widely: The Northern District of Virginia had the highest mean agricultural land value in 2023 at $8,854 per acre, according to Virginia Cooperative Extension (VCE) Publications - Agricultural Land Sales in Virginia, 2023. At the county level, York County had the highest agricultural land value in Virginia in 2023 at $17,551 per acre, per Virginia Cooperative Extension (VCE) Publications - Agricultural Land Sales in Virginia, 2023.
• Median prices softened slightly: The statewide median sales price per acre for agricultural land in Virginia decreased by 2.5% in 2023, according to Virginia Cooperative Extension (VCE) Publications - Agricultural Land Sales in Virginia, 2023. That makes accurate, evidence-based pricing even more important for trustees trying to demonstrate they acted prudently.
• Deal size signals the typical buyer profile: The average size of agricultural land sales in Virginia in 2023 was 65.7 acres per sale, per Virginia Cooperative Extension (VCE) Publications - Agricultural Land Sales in Virginia, 2023. This can help you target marketing toward the most likely buyer segment (farm operators, small investors, recreation buyers, or developers, depending on zoning and location).

Steps to Sell Virginia Land in a Trust

1) Read the Trust Document First (and Follow It Exactly)

Start with the trust agreement. It dictates the trustee’s authority to sell, whether beneficiaries must consent, and whether a co-trustee must sign.

Key questions to confirm in the document:

• Does the trustee have explicit power to sell real estate?
• Are there restrictions on price, timing, or buyer type?
• Do beneficiaries need to approve the sale in writing?
• Does the trust require an appraisal or specific notice process?

If the trust is silent or confusing, get legal guidance before you list the property. Fixing a flawed sale after the fact is harder, slower, and often more expensive.

2) Secure Required Approvals (Beneficiaries, Co-Trustees, or Court)

Many trust sales move smoothly—until someone challenges authority or claims the trustee didn’t act in beneficiaries’ best interests. If approvals are required, get them early and document everything.

• Collect written consents where the trust requires them.
• Coordinate signatures and authority if co-trustees serve together.
• In edge cases, consult counsel about whether court approval is necessary.

3) Establish Fair Market Value with Supportable Pricing

As a trustee, you should be able to explain how you arrived at the asking price. Use at least one credible valuation method:

• Licensed appraisal: Strongest option for documenting fair market value.
• Broker price opinion or comparative market analysis (CMA): Helpful for market positioning and buyer expectations.
• Land data research: Use recent nearby sales, zoning, access, utilities, and allowable uses to refine the number.

Ground your expectations in current Virginia agricultural land market distribution. For example, in 2023 the average price per acre for agricultural land was $5,434, according to Virginia Cooperative Extension (VCE) Publications - Agricultural Land Sales in Virginia, 2023, and 76% of sales were under $7,000 per acre, per Virginia Cooperative Extension (VCE) Publications - Agricultural Land Sales in Virginia, 2023. If you plan to price above that range, be prepared to justify the premium with location, entitlement potential, road frontage, timber value, water access, or other measurable drivers.

4) Prepare the Property for Due Diligence

Even “vacant” land needs prep. Reduce uncertainty so buyers can move faster and make stronger offers.

• Survey and boundaries: Provide a recent survey or clearly identify boundary markers.
• Title readiness: Resolve liens, clarify easements, and ensure the trust’s title chain is clean.
• Access confirmation: Document legal ingress/egress and road maintenance agreements if applicable.
• Property cleanup: Remove debris, old equipment, or dumping sites that trigger buyer concerns.
• Feature documentation: Map streams, fencing, soil classes, timber stands, hunting value, and adjacent land uses.

5) Choose the Best Sales Path for a Trust

Your best approach depends on timeline, complexity, and how you plan to document that the trustee met fiduciary obligations.

A) List with a land-savvy real estate agent

• Best for: Maximizing exposure and competitive bidding.
• Trade-off: Commission costs and a potentially longer timeline.

B) Sell directly to a land-buying company

• Best for: Speed, simplicity, and fewer showings/contingencies.
• Trade-off: Offers can be lower than a fully marketed retail sale.

C) Sell “For Sale By Owner” (FSBO)

• Best for: Owners/trustees who can handle marketing, buyer screening, negotiations, and paperwork.
• Trade-off: More risk if you misprice, miss disclosures, or mishandle contract terms.

6) Market the Land with Buyer-Relevant Details

Modern land buyers expect clear facts, not vague descriptions. Build your listing around:

• Parcel size, boundaries, and access
• Zoning and allowable uses (agricultural, residential, mixed-use, etc.)
• Utilities availability (power, septic feasibility, well depth expectations)
• Timber, water features, and topography
• Proximity to employment centers, highways, and growth corridors

Also, keep expectations realistic. In 2023, Virginia saw fewer large-property transactions (20+ acres) with a 32.2% decline in transaction volume, according to Virginia Cooperative Extension (VCE) Publications - Agricultural Land Sales in Virginia, 2023. That doesn’t prevent a strong sale—but it does mean strong marketing and clean due diligence materials matter even more.

7) Handle the Legal Requirements of Selling from a Trust

A trust sale is a legal transfer from the trust (by the trustee) to the buyer. Work with a Virginia real estate attorney and/or title company to ensure you:

• Prepare the correct deed and ensure the trustee signs in the proper capacity
• Meet any required Virginia disclosures for the property
• Address zoning, subdivision, and land-use restrictions that affect value
• Document trustee authority (often with a certification of trust or relevant excerpts)

Because trustees owe fiduciary duties, keep a file that shows your reasoning: valuation support, marketing efforts, offers received, and why you accepted the final terms.

8) Negotiate Offers with Fiduciary Duty in Mind

Evaluate more than price. Consider contingencies, feasibility periods, buyer financing strength, and closing timelines.

• Price and certainty: A slightly lower offer with fewer contingencies can sometimes better protect beneficiaries than a higher but riskier contract.
• Timing: Fast closings can reduce carrying costs, but only if the buyer can perform.
• Contingencies: Land deals often include soil tests, environmental reviews, and survey requirements—plan for them.

9) Close the Sale and Distribute Proceeds Correctly

During closing, the buyer typically completes due diligence (title search, survey review, environmental checks). At closing, you will:

• Finalize the purchase agreement terms and closing statement
• Sign and deliver the deed from the trust to the buyer
• Record the deed and finalize transfer of funds

After closing, follow the trust terms for proceeds: distribute funds, reinvest, or pay trust obligations as required. Also coordinate tax reporting with a qualified tax professional. The tax impact depends on the trust structure and basis, and it can affect the trust and/or beneficiaries.

Common Challenges When Selling Virginia Land Held in a Trust

• Pricing uncertainty: Even with a statewide average of $5,434 per acre in 2023, pricing varies sharply by location and potential use, according to Virginia Cooperative Extension (VCE) Publications - Agricultural Land Sales in Virginia, 2023.
• Regional extremes: Values can be much higher in certain areas—like the Northern District mean of $8,854 per acre and York County’s $17,551 per acre in 2023—per Virginia Cooperative Extension (VCE) Publications - Agricultural Land Sales in Virginia, 2023. Buyers will expect you to justify any premium with hard facts.
• Beneficiary conflict: Disagreements can delay approval, pricing decisions, and closing.
• Trust restrictions: Some trusts limit when you can sell or require specific steps (appraisal, notice, or consent).
• Fewer high-end comparable sales: With only 29 parcels selling above $15,000 per acre in 2023 (down from 209 in 2022), finding comps for premium pricing may be harder, according to Virginia Cooperative Extension (VCE) Publications - Agricultural Land Sales in Virginia, 2023.

Final Thoughts

Selling Virginia land in a trust is manageable when you treat it like a governed process: confirm authority, document decisions, price the property with support, and run a clean closing. The 2023 market shows a clear signal—fewer transactions and a slight median price dip—so strategy and preparation matter as much as the land itself. In 2023, Virginia agricultural land sales totaled 1,461 transactions (down from 2,159 in 2022) and the statewide median sales price per acre decreased by 2.5%, according to Virginia Cooperative Extension (VCE) Publications - Agricultural Land Sales in Virginia, 2023.

If you want the highest probability of a smooth sale, align every step with the trust document, keep beneficiaries informed, and lean on qualified professionals when legal, tax, or valuation questions arise.

Frequently Asked Questions (FAQs)

Can a trustee sell trust land in Virginia without beneficiary approval?

Sometimes. The trust document controls whether the trustee can sell without beneficiary consent. If the language is unclear—or beneficiaries disagree—talk to a Virginia trust or real estate attorney before listing the property.

How long does it take to sell land held in a trust?

Timing varies by location, parcel characteristics, and buyer demand. In a slower transaction environment, marketing and due diligence can take longer—especially for larger acreage. For example, agricultural land transaction volume for Virginia properties of 20 acres or more decreased by 32.2% in 2023, according to Virginia Cooperative Extension (VCE) Publications - Agricultural Land Sales in Virginia, 2023.

What taxes apply when a trust sells land in Virginia?

A trust land sale can trigger capital gains and other tax considerations depending on the trust type, basis, and distribution plan. Coordinate with a tax professional experienced in trust taxation to determine who pays what and when.

What if the trust document doesn’t clearly authorize a sale?

Don’t guess. An attorney can interpret the trust terms, prepare proper trustee authority documentation, and advise whether consents or court involvement are needed to complete a legally sound transfer.