Virginia Small Estate Affidavit Form

Definition of a Virginia Small Estate Affidavit

A Virginia small estate affidavit is a written statement made by all of the known successors of a person who has died. It is presented to the person who holds a small asset, who must then pay or deliver it to the decedent's designated successor. It can be used when the decedent's entire personal probate estate does not exceed $75,000 and at least 60 days have passed since the death.^[1]

Virginia Laws and Requirements

Virginia's small estate rule is in Va. Code § 64.2-601, part of the Virginia Small Estate Act (Sections 64.2-600 to 64.2-605 of the Code of Virginia).^[2] It lets a person who holds a small asset pay or deliver it to the decedent's designated successor when presented with an affidavit made by all of the known successors. The affidavit must state each of the following.^[1]

• The decedent's entire personal probate estate, wherever located, does not exceed $75,000 as of the date of death.
• At least 60 days have passed since the decedent's death.
• No application for the appointment of a personal representative is pending or has been granted in any jurisdiction.
• The decedent's will, if any, was duly probated.
• The designated successor has a fiduciary duty to safeguard the small asset and to pay or deliver it promptly, as the laws of the Commonwealth require.

Under Va. Code § 64.2-601(A)(5), the affidavit must also state that the claiming successor is entitled to payment or delivery of the small asset, and the basis of that entitlement.^[1]

Under Va. Code § 64.2-601(D), a transfer agent of a security must change the registered ownership on the corporation's books from the decedent to the designated successor when presented with the affidavit, once any certificates for the security are surrendered.^[1]

Virginia Small Estate Affidavit Laws Details

Who Signs the Virginia Small Estate Affidavit and Who Receives the Asset?

The affidavit is made by all of the known successors together. The person holding the small asset must then pay or deliver it to the decedent's designated successor once the affidavit is presented. The statute words the rule this way.^[1]

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 stating:

On the form, the designated successor is the person named in item 10 to receive payment or delivery of the small asset on behalf of all successors. The affidavit also states that this person has a fiduciary duty to safeguard the small asset and to pay or deliver it promptly.^[1]

Each successor signs the affidavit under oath before a notary public or a circuit court clerk or deputy clerk, as the Supreme Court of Virginia's small estate affidavit form, Form CC-1685, provides.^[3]

Under Va. Code § 64.2-601(B), if a successor is, or is reasonably believed to be, incapacitated or under a legal disability, the designated successor may pay the asset to that successor's conservator or, if there is no conservator, guardian. The section lists other options too, such as a custodian.^[1]

If a person presented with the affidavit refuses to pay or deliver a small asset, the person entitled to it can bring a proceeding to recover the asset or compel its payment or delivery, and can also recover damages, on proof of a rightful claim (Va. Code § 64.2-603).^[4]

Details to Have Ready Before You Fill In the Form

Gather these details first, so you can complete the form without stopping to look things up.

• The full name of every known successor who will sign the affidavit.
• The decedent's full name and date of death.
• The type of small asset, such as a bank account, tax refund or stock.
• How each successor is entitled: as surviving spouse, beneficiary under a will, heir with no will, or other.
• The name and address of every successor.
• The name of the successor designated to receive the small asset on behalf of all successors.
• A notary public, or a circuit court clerk or deputy clerk, to take each successor's oath. The court's current Form CC-1685 lets any of them complete its oath block.^[3]

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How to Fill Out the Virginia Small Estate Affidavit Form

These Virginia small estate affidavit instructions follow the order of the form. The PDF on this page is the court's current form, Form CC-1685 (07/26), from the Supreme Court of Virginia.^[3] Fill it in with our online PDF editor, or print it and write the answers by hand. Each step names the part of the form it covers.

The screenshots under each step show Form CC-1685, the official Virginia form, filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

1. Decedent and date of death (items 1 and 2). On page 1, write the decedent's full name in item 1 and the date of death in item 2. Item 3 is printed. It states that the decedent's entire personal probate estate does not exceed $75,000, so check that it is true before you go on.

   

2. Description of the small asset (item 4). Describe the small asset you are claiming, such as a bank account with its last four digits or a tax refund.

   

3. Basis of entitlement (item 5). Check the box that shows why the claiming successor is entitled to the asset: surviving spouse, beneficiary under will, or heir (no will). If none of them fits, check Other and describe the relationship on its line.

   

4. Names and addresses of all successors (item 9). Items 6, 7 and 8 are printed statements. At least 60 days have passed since the death, no application to appoint a personal representative is pending or has been granted, and the decedent's will, if any, was duly probated. Read them, then list the name and address of every known successor on lines a to e of item 9. Attach a page if you need more lines.

   

5. Designated successor (item 10). On page 2, write the name of each successor designated to receive the small asset on behalf of all successors. Item 11 is printed. It says the designated successor has a fiduciary duty to safeguard the asset and to pay or deliver it promptly.

   

6. Successor signatures. Each successor signs on a SIGNATURE OF SUCCESSOR line and writes the date beside it. The form has room for five successors. Sign in front of the clerk, deputy clerk or notary public who takes your oath.

   

7. Oath block. The officer fills in the Commonwealth or State, checks City or County, writes the date of the oath and the names of the signers on the "by" line, then signs, dates and checks CLERK, DEPUTY CLERK or NOTARY PUBLIC. A notary also adds a registration number and a commission expiry date.

   

Frequently Asked Questions

These answers come from Va. Code § 64.2-601, the section cited on this page. They cover how the affidavit works, the $75,000 dollar limit and the rule for the person who holds the asset.

How Does the Virginia Small Estate Affidavit Work?

All of the known successors make the affidavit and present it to the person holding the small asset. That person must pay or deliver the asset to the designated successor.^[1] The affidavit states these points.

• The decedent's entire personal probate estate does not exceed $75,000.
• At least 60 days have passed since the death.
• No application for a personal representative is pending or has been granted.
• The decedent's will, if any, was duly probated.

Do I need probate if the estate is small?

Virginia has a small estate procedure for an estate whose entire personal probate estate does not exceed $75,000. When the conditions on this page are met, a person holding a small asset must pay or deliver it to the designated successor on presentation of the affidavit.^[1]

What is the amount for a small estate affidavit?

The limit is $75,000. It is measured against the decedent's entire personal probate estate as of the date of death.^[1]

What is the maximum value for a small estate affidavit in Virginia?

The maximum is $75,000 for the decedent's entire personal probate estate, wherever located.^[1]

How much does an estate have to be worth to go to probate in VA?

The small estate affidavit covers an estate of up to $75,000.^[1] This page does not cover larger estates.

General information, not legal or tax advice.

Sources

1. Va. Code Ann. § 64.2-601.
2. Va. Code Ann. §§ 64.2-600 to 64.2-605 (Virginia Small Estate Act).
3. Supreme Court of Virginia, Form CC-1685, Small Estate Affidavit.
4. Va. Code Ann. § 64.2-603.

Mara Erlach

Writer & Attorney

Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.