Virginia Small Estate Affidavit

Updated August 3, 2026. Quick answer: Virginia lets a small estate be settled with a sworn affidavit, usable 60 days after death, and it is presented straight to the bank or holder — no court filing. Real estate: no — personal property only.

The verdicts

What the statute actually says

Any person having possession of a small asset shall pay or deliver the small asset to the designated successor of the decedent upon being presented an affidavit made by all of the known successors… That at least 60 days have elapsed since the decedent’s death.

— Va. Code 64.2-601

The dollar limit

$75,000 for the decedent’s entire personal probate estate, wherever located (Va. Code §64.2-601(A)(1)); a small asset is an asset other than real property worth no more than $75,000 (Va. Code §64.2-600); 60-day wait; the affidavit is made by all known successors.

All 51 limits, compared.

The form

There is an official free form: Form CC-1685, Small Estate Affidavit, published by the Virginia court system, free to download. The statute requires the affidavit to be on a form prepared by the Office of the Executive Secretary of the Supreme Court of Virginia.

The waiting period is the part that voids transfers

Using the instrument before its waiting period has run is the most common way one of these fails. A bank can refuse it, and a transfer made on a defective affidavit can be unwound — with the person who signed it personally exposed, because these are sworn statements made under penalty of perjury. Wait the full period and count from the date of death.

What could not be verified

The statute does not itself mention notarization, but it requires the affidavit to be on the form prepared by the Office of the Executive Secretary of the Supreme Court of Virginia (Form CC-1685), and that form’s instructions state that each successor’s signature must be notarized. We read the form on the Virginia courts website.

When this route is the wrong one

• The estate is over the limit. Full administration applies, and using the small-estate route anyway does not make it valid.
• There is real estate and this route does not reach it. A house needs the instrument that can actually transfer title.
• Someone disputes it. These procedures assume agreement; a contested estate belongs in front of a judge.
• Debts exceed assets. Paying the wrong creditor first can make you personally liable.

Related: how the process works, step by step · affidavit versus summary administration.

General information drawn from state statutes and official court materials, not legal advice. Probate and small-estate procedure is STATE law and differs in every state; thresholds, waiting periods and forms change, and every figure here is sourced and dated. Using the wrong instrument, or using one before its waiting period has run, can make a transfer ineffective and can expose the person who signs the affidavit to personal liability. We are not a law firm and we sell no forms.