Updated September 4, 2026. Quick answer: in Virginia, an estate can use small asset affidavit when the qualifying value is $75,000 or less. Real property does NOT pass that way: a house in Virginia in sole name forces a probate whatever the estate is worth.
What this guide covers
Whether probate is required in Virginia turns on two questions: does the estate qualify for a small-estate shortcut, and does that shortcut reach whatever real property is involved. This page answers both for Virginia, with the statute cited, and then covers what full probate costs if the shortcut does not apply.
The affidavit route, and its limit
Virginia’s route: small asset affidavit, under Va. Code § 64.2-601.
$75,000 value of the decedent’s entire personal probate estate at date of death.
That the value of the decedent’s entire personal probate estate as of the date of the decedent’s death, wherever located, does not exceed $75,000;
Source: Va. Code § 64.2-601
The real-estate problem
What the text says: the route does NOT reach real property.
the value of the decedent’s entire personal probate estate
Source: Va. Code § 64.2-601
What probate costs in Virginia if it is required
Virginia’s probate fees and attorney-compensation rules are their own topic, worked through in full on Virginia probate cost.
If a trust fits your situation in Virginia
In Virginia a house in sole name does not pass by the small-estate route, so an estate that includes one is heading for probate whatever the number is; a funded revocable living trust is the instrument that avoids it, and LawDepot builds a state-specific one.
Build a living trust at LawDepot
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The order to work through it
List what Virginia residents typically own and how each item is titled. Remove everything with a living named beneficiary, a surviving joint owner, or a trust already holding it. If what remains is $75,000 or less, small asset affidavit is the route to look at. If real property remains in sole name, plan on an administration for the real property regardless.
The general rule: when probate is required. Thresholds elsewhere: small estate limits by state. Virginia’s own small-estate mechanics: Virginia small estate affidavit.
Statutory text read at Virginia’s own legislature or official code publisher. General information, not legal advice; fee statutes and thresholds change and a court retains the final say on what qualifies.
General information drawn from state statutes and official court materials, not legal advice. Whether probate is required is STATE law and differs in every state; thresholds, what the small-estate route reaches, and probate costs all change, and every figure here is sourced and dated. We are not a law firm and this is not legal advice.