Virginia Small Estate Affidavit: Do You Qualify? Limits by Date of Death, Waiting Periods & Steps

Payment or delivery of small asset by affidavit (Virginia Small Estate Act)

Presented directly to the institution holding the asset — no court filing

Dollar limit

• $75,000 — for all death dates

What counts toward the limit: The value of the decedent's ENTIRE personal probate estate as of the date of death, wherever located, must not exceed $75,000. Real property is excluded — § 64.2-600 defines 'small asset' as any indebtedness owed to or asset belonging or presently distributable to the decedent, OTHER THAN REAL PROPERTY, valued at no more than $75,000 on the date of death. NOTE: the $75,000 figure took effect with 2025 c. 148 (HB 1912), which raised it from $50,000; the increase is an amendment to the affidavit procedure (keyed in practice to when the affidavit is presented, not date of death) — see specialNotes.

Waiting period

60 days from the date of death before the procedure can be used.

Will requirement

Available with or without a will.

Notarization & approval

Notarization is required. No court approval is required.

Where the papers go

None — no court filing. The affidavit is presented directly to the person or institution holding the small asset. However, if the decedent left a will, the will must first have been duly probated (recorded) with the appropriate circuit court clerk before the affidavit can truthfully state condition (4).

Official form

Virginia Small Estate Act Affidavit (circuit court clerk versions; no mandatory statewide form) (e.g., Prince William County Circuit Court form (rev. 7/25))

Statute

Va. Code § 64.2-601; Va. Code § 64.2-600 (definitions, 'small asset')

Payment or delivery of small asset valued at $35,000 or less without affidavit

Presented directly to the institution holding the asset — no court filing

Dollar limit

• $35,000 — for all death dates

What counts toward the limit: Applies per small asset: any person holding a small asset valued at $35,000 or less MAY (discretionary for the holder) pay or deliver it to any successor without any affidavit. NOTE: commonly cited as $25,000 in older secondary materials — the current official text says $35,000 (raised by 2025 c. 148).

Waiting period

60 days from the date of death before the procedure can be used.

Will requirement

Available with or without a will.

Notarization & approval

Notarization is not required by the statute. No court approval is required.

Where the papers go

None — discretionary payment by the holder directly to a successor; no court involvement.

Statute

Va. Code § 64.2-602

Who inherits without a will in Virginia

Virginia’s intestacy statute (Va. Code § 64.2-200) controls when there is no will.

Spouse, no descendants

Surviving spouse takes the entire estate if the decedent leaves no children or their descendants, or if all of the decedent's children/descendants are also children/descendants of the surviving spouse.

Spouse and descendants

NOT a community property state. If the decedent is survived by children or their descendants, one or more of whom are NOT children/descendants of the surviving spouse: one-third of the estate passes to the surviving spouse and two-thirds passes to the decedent's children and their descendants.

Descendants only

If no surviving spouse: all to children and their descendants; then to parents (or surviving parent); then to siblings and their descendants; then split between paternal and maternal grandparent lines; then uncles/aunts and their descendants; then great-grandparents; then siblings of grandparents and their descendants; continuing without end to nearest lineal ancestors and their descendants; escheat to the Commonwealth if no heir.

Virginia is a separate-property state (no community property split). § 64.2-200 confirmed from the official code page.