Virginia Small Estate Affidavit Form

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Virginia Small Estate Affidavit Form

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Last updated April 11th, 2026

A Virginia small estate affidavit is a legal form used to settle a decedent’s estate without involving the court. This document can only be used for estates with a total value of $75,000 or less that do not include real property.

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A Virginia small estate affidavit is a legal form used to settle a decedent’s estate without involving the court. This document can only be used for estates with a total value of $75,000 or less that do not include real property.

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Laws

  • Maximum Estate Value: $75,000[1]
  • Mandatory Waiting Period: 60 days[2]
  • Where to File: No filing requirements.

How to Use

The following must be true for an estate to be settled outside of probate[3]:

  • The estate value does not exceed $75,000.
  • 60 days have passed since the decedent’s death.
  • No application is pending or granted for the appointment of a personal representative.
  • The will (if any) is filed with the circuit court of the county where the decedent lived.

The Small Estate Act Affidavit must be completed, signed by all known successors, and notarized.[4] A successor can collect the assets on the others’ behalf by presenting the Affidavit to parties holding the decedent’s property.[5]

Sources

  1. § 64.2-601(A)(1)
  2. § 64.2-601(A)(2)
  3. §§ 64.2-601(A), 64.2-443(A)
  4. § 64.2-601(A)
  5. § 64.2-601(A)(8)