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Small Estate Affidavit Limits in Virginia

In Virginia, successors can collect small assets by affidavit 60 days after the death if the personal probate estate is worth $75,000 or less.

Last checked . General information, not legal advice.

Virginia at a glance

Maximum estate value
$75,000
Value of the entire personal probate estate as of the date of death.
Waiting period after death
60 days
Real estate can pass
No
A small asset is defined as an asset other than real property.

Sources

Last checked

The rules in Virginia

What is the maximum estate value for a small estate affidavit in Virginia?

Maximum estate value in Virginia: $75,000. Value of the entire personal probate estate as of the date of death.

How long after the death must you wait to use a small estate affidavit in Virginia?

Waiting period after death in Virginia: 60 days.

Can real estate pass by small estate affidavit in Virginia?

No. Real estate can pass in Virginia: no. A small asset is defined as an asset other than real property.

Where do the Virginia small estate affidavit limits come from?

The rules above come from Va. Code 64.2-600 and Va. Code 64.2-601. Each source is linked on this page. We last checked them in October 2026.

Good to know

The section was amended in 2025 and 2026; the affidavit must be made by all known successors on a form prepared by the Office of the Executive Secretary of the Supreme Court of Virginia.

What this means in practice

Check how the estate value is counted before relying on the shortcut. States differ on whether the limit covers all property or only probate property, and whether assets such as jointly owned accounts, life insurance with a named beneficiary or property in a living trust are left out of the total.

Gather the documents a holder is likely to ask for: a certified copy of the death certificate, the signed and often notarized affidavit, and proof of your identity and relationship to the person who died. Some holders use their own affidavit form, so ask before you prepare one.

A person who collects property with a small estate affidavit usually takes on duties to others with a claim to it, such as creditors and other heirs. Paying valid debts and distributing the rest correctly matters, because a successor who takes more than their share can be held liable for it later.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.