Laws
- Days after Death – Sixty (60) days must pass between the date of the decedent’s death and using the affidavit. (VA Code Ann. § 64.2-601)
- Maximum Amount ($) – $50,000. State law defines a small estate as worth less than $50,000. This does not include real estate. (VA Code Ann. § 64.2-601)
- Signing Requirements – The form must be signed in the presence of a notary public.
- Statute – Virginia Small Estate Act (§§ 64.2-600 to 64.2-605)
How to File (4 steps)
1. Determine Whether a Will Exists
Under Virginia Code § 64.2-601, a will must be admitted to probate, even if it pertains to a small estate. Essentially, it’s just being recorded; no executor or personal representative is required to be appointed. If you are succeeding to a small estate in which there is a will, you can use this court locator to find your county clerk’s office.
2. Prepare Affidavit
Download the Virginia Small Estate Act Affidavit and fill it out. Make sure you know the name of each successor, the value of the assets in the estate, and the full extent of funeral costs.
4. Collect the Assets
You can use a notarized affidavit to recover assets from third parties, including corporations and financial institutions. It is also worth noting that Virginia Code § 64.2-602 says the holder of any asset valued at less than $25,000 may pay or deliver that asset to any successor without an affidavit. Still, 60 days must have passed since the death of the decedent.