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Virginia Small Estate Affidavit Form

A Virginia small estate affidavit may expedite a probate process for an estate worth less than $50,000 (excluding real estate). The form may not be used until at least 60 days have passed since the decedent's death date.
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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.

3. Get Affidavit Notarized

Sign the affidavit before a notary public.

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.

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