Small estate affidavit in Virginia (2026)

Virginia at a glance

Affidavit cap

$75,000

Applies to

Affidavits used on or after 2025-07-01 (effective date of 2025 Acts ch. 148); the statute has no date-of-death rule

Waiting period

60 days

If there is a will

Special rule — see below

File with a court

No

Real estate

Separate procedure

Court shortcut

None (qualification of a personal representative)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

A worked example for Virginia

Say a parent who lived in Virginia died on March 1, 2026, leaving $60,000 in a bank account in their name only and no house. $60,000 is within the $75,000 cap for that date of death, so the family can use the affidavit from April 30, 2026.

The rules in Virginia

• The affidavit. All known successors sign a notarized affidavit on the court form CC-1685 and present it to the bank or other holder, which must pay or deliver the small asset to the designated successor. It is not filed with a court.
• Cap. The decedent's whole personal probate estate must be worth $75,000 or less at death. A holder may also pay a single asset worth $35,000 or less (was $25,000) to a successor without any affidavit after 60 days.
• What counts. The value of the decedent's entire personal probate estate, wherever located, as of the date of death. Real estate does not count (a small asset excludes real property).
• What doesn't count. Real property; nonprobate assets (not part of the personal probate estate). Statute does not say whether liens are deducted.
• Earlier caps. $50,000: before 2025-07-01
• Waiting period. At least 60 days must have passed since the death.
• Conditions. No application to appoint a personal representative may be pending or granted anywhere. If there is a will, it must have been probated. The affidavit lists all successors and names the designated successor, who has a fiduciary duty to pay the others.
• Who can sign. The affidavit must be made by all known successors (anyone other than a creditor entitled under the will or intestacy). They designate one or more successors to receive the asset for everyone. Separately, after 30 days a funeral home may collect up to the funeral priority amount by its own affidavit (§ 64.2-604).
• Court filing. No court filing. The affidavit must be on the Supreme Court of Virginia form (CC-1685, added by 2026 Acts ch. 40) and each signature notarized or taken before a clerk.

Houses, land and vehicles

• Real estate. The affidavit cannot transfer land. For an intestate decedent, an heir may record a real estate affidavit (§ 64.2-510, Form CC-1612) and, if no personal representative qualifies within 30 days, a list of heirs (§ 64.2-509, Form CC-1611) with the circuit court clerk where the land lies; no dollar cap. If there is a will, it must be probated for devised land.
• Vehicles. If no one qualifies on the estate, a legatee or distributee can retitle the vehicle at DMV with a statement (Form VSA 24) that no qualification is expected and debts are paid, with written consent of other adult interested persons.

When the affidavit isn't enough

Virginia has no summary administration court proceeding with a dollar cap. If the affidavit does not apply, someone qualifies as personal representative before the circuit court clerk.

Good to know in Virginia

• The designated successor has a fiduciary duty to safeguard and promptly pay or deliver the asset to the other successors (§ 64.2-601(A)(8)).
• A payor that pays under the affidavit is discharged as if it dealt with a personal representative (§ 64.2-603).
• 2025 Acts ch. 148 (HB 1912, effective 2025-07-01) raised the cap from $50,000 to $75,000 and the no-affidavit amount from $25,000 to $35,000; 2026 Acts ch. 40 requires the court-prepared form.

Official help and forms

• Virginia small-estate form

Sources

• Va. Code § 64.2-600 Definitions (small asset) (read October 23, 2026)
• Va. Code § 64.2-601 Payment or delivery of small asset by affidavit (read October 23, 2026)
• Va. Code § 64.2-602 Small asset of $35,000 or less without affidavit (read October 23, 2026)
• Va. Code § 64.2-604 Funeral expenses (read October 23, 2026)
• Va. Code § 64.2-509 List of heirs (read October 23, 2026)
• Va. Code § 64.2-510 Affidavit relating to real estate of intestate decedent (read October 23, 2026)
• Va. Code § 46.2-634 Vehicle transfer when no qualification (read October 23, 2026)
• HB 1912 (2025) - Chapter 148, effective 07/01/25 (read October 23, 2026)
• Form CC-1685 Small Estate Affidavit and instructions (rev. 07/26) (read October 23, 2026)
• Virginia DMV Form VSA 24 (read October 23, 2026)

Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.