Using a Virginia Small Estate Affidavit
When someone passes away, their estate must typically go through a legal process known as probate, which can be time-consuming and expensive. However, Virginia law offers a simplified process for smaller estates called a Small Estate Affidavit. This option is available for estates that meet specific criteria, providing a quicker, less costly way to transfer property without having to go through probate with the Court. Here’s everything you need to know about how Small Estate Affidavits work in Virginia.
What is a Small Estate Affidavit?
In Virginia, a Small Estate Affidavit allows heirs or beneficiaries to bypass the formal probate process when the deceased's estate qualifies as small. Instead of going through the lengthy and costly process of probate court, qualified individuals can use an affidavit to claim the decedent’s assets. The Small Estate Affidavit simplifies the administration of estates with limited assets, providing a streamlined process for distributing property.
Eligibility for a Small Estate Affidavit in Virginia
To use a Small Estate Affidavit in Virginia, the estate must meet certain eligibility requirements. Specifically, the estate must meet the following conditions:
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The Estate Must Be Worth Less Than $50,000: As of January 2025, Virginia law allows a Small Estate Affidavit to be used when the total value of the decedent’s personal property (i.e., assets such as cash, bank accounts, and personal items) does not exceed $50,000.
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The person using the Small Estate Affidavit must be an "heir at law." If there is more than one heir, all of the heirs must agree and sign the affidavit.
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Sixty (60) days must have passed after the death of the decedent before the form is used.
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A death certificate would be used in conjunction with the Small Estate Affidavit.
How the Small Estate Affidavit Process Works
If the decedent left behind, a bank account in the decedent's sole name, then ordinarily one would need to go to probate in order to be able to access that account and transfer the account to the decedent's heirs. However, if the requirements for a small estate affidavit are met - then you would not need to open a probate case in order to transfer the account. Rather, you could simply provide the affidavit to the institution holding the account and they would distribute the funds directly to the heirs without the need for going through probate with the court.
For a sample small estate affidavit prepared by the Prince William County Virginia Circuit Court, click here.

Christopher Mays
Virginia Estate Planning and Elder Law Attorney