Virginia Small Estate Affidavit Explained

Virginia’s small estate affidavit recently got meaningfully more useful, and it works a bit differently than similar processes in other states - it doesn’t require the absence of a will.

What is the current threshold?

Under the Virginia Small Estate Act (Va. Code § 64.2-601), a small estate affidavit is available when the decedent’s entire personal probate estate - wherever located, excluding real estate - does not exceed $75,000. This threshold was raised from $50,000 effective July 1, 2025.

How long must you wait after death?

At least 60 days must pass between the date of death and using the affidavit - a waiting period intended to give potential creditors a fair chance to come forward before assets are distributed.

Does having a will disqualify an estate from using this?

No - unlike some other states, Virginia’s small estate affidavit isn’t limited to intestate estates. If there’s a will, it must still be recorded with the Circuit Court Clerk - Virginia law specifically requires the affidavit to state that the will “was duly probated” - but no executor needs to be formally appointed for a small estate handled this way. If there’s no will, there’s nothing to file with the court at all.

What’s the even simpler option for individual assets?

Va. Code § 64.2-602 separately allows any single asset valued at $35,000 or less to be paid or delivered directly to a successor without needing the small estate affidavit at all, once the same 60-day wait has passed. This can be useful for a single bank account or similar asset without going through the fuller affidavit process.

Does this cover real estate?

No - the small estate affidavit applies only to personal property - real estate is excluded entirely and requires a separate process to transfer, regardless of the estate’s overall value.

What should I do next?

If there’s a will, get it recorded with the Circuit Court Clerk early, even though this process doesn’t require a formally appointed executor. For a single modest account, check whether the simpler $35,000 individual-asset provision applies before using the fuller affidavit.

Add this to your Final Day Plan: where your will is kept and easy to find - Virginia still requires it to be recorded even for a small estate, and having it accessible saves your family real time.

Virginia law changes periodically, including this specific dollar threshold - it was raised as recently as July 2025. This is general educational information, not legal advice - confirm current requirements directly with a Virginia-licensed attorney.