A Virginia Small Estate Affidavit is an affidavit written by the successors of an estate when a family member has passed away with or without making a will. Learn how to write a free Virginia Small Estate Affidavit form, where to file the affidavit and the monetary and time limits involved.
A Virginia small estate affidavit form, also called a Virginia Small Estate Act Affidavit, is used in situations that the decedent had a limited amount of assets. To qualify as a small estate in Virginia, the estate in question must be valued at less than $50,000. A Virginia Small Estate Affidavit is used for the collection of personal property or real estate.
Virginia Small Estate Affidavit Requirements
- The decedent must be a resident of the State of Virginia.
- Falls under Code of Virginia Title 64.2 Wills, Trusts and Fiduciaries Chapter 6 Transfers without Qualification Section 601 Payment or delivery of small asset by affidavit.
- The estate in question must be valued at less than $50,000.
- Sixty days have elapsed since the death of the decedent.
- Must be filed in the local probate court where the decedent resided.
How to Write a Virginia Small Estate Affidavit Form
First of all, fill in the name of the successor at the top of the form. Next, write the decedent’s name and date of death. In Section 2, check the box that most applies to the small assets that are to be collected with the affidavit. Attach an itemized list of the decedent’s assets to be collected along with the value of each.
In Section 7, check the boxes that apply to the successor’s relationship to the decedent. List the names and addresses of all the successors in Section 8 and get all the signatures of each successor. Make sure sixty days have elapsed since the decedent’s passing before getting the affidavit notarized.
Free Virginia Small Estate Affidavit Form
Once the document is signed and sealed by the notary, the Virginia small estate affidavit can be recorded in the local probate court and the heirs can proceed to collect the decedent’s assets.
Fill out and print a free Virginia Small Estate Affidavit online.