What are Virginia’s small estate affidavit rules?
The Virginia Small Estate Act (Va. Code 64.2-600 to 64.2-605) lets a parent’s successors collect a small asset, anything other than real estate, by affidavit when the whole personal probate estate is worth $75,000 or less at death. A 2025 law raised the limit from $50,000, and a 2026 law requires the Supreme Court’s form. Sixty days must have passed, any will must be probated, and no application for a personal representative can be pending or granted.
Sources: Va. Code 64.2-600, Definitions (Virginia Small Estate Act), checked October 19, 2026; Va. Code 64.2-601, Payment or delivery of small asset by affidavit, checked October 19, 2026; Va. Code 64.2-602, Payment without affidavit, checked October 19, 2026; Va. Code 64.2-603, Effect of affidavit, checked October 19, 2026; 2025 Acts chapter 148 (HB 1912), checked October 19, 2026; 2026 Acts chapter 40 (HB 100), checked October 19, 2026; Form CC-1685, Small Estate Affidavit (rev. 07/26), checked October 19, 2026; Form CC-1685 instructions, checked October 19, 2026.| Rule | Virginia |
|---|---|
| Dollar limit | $75,000 for the whole personal probate estate, valued at the date of death |
| Waiting period | 60 days after the death, with any will already probated |
| Where it goes | Straight to the bank or other holder. Not filed with a court |
| Official form | CC-1685, Small Estate Affidavit, prepared by the Supreme Court of Virginia, now required by statute |
| Signing | Every known successor signs, each before a notary, clerk or deputy clerk. No witnesses |
| Real estate | Can’t pass by this affidavit |
What will Kin Papers fill in for Virginia?
Kin Papers is building a Virginia file that fills in form CC-1685 from your answers, with a signature page for each successor, writes the letters banks, Social Security and the credit bureaus ask for, prepares IRS Form 56, and keeps a dated tracker of the 60-day wait and the deadlines after it. It won’t file anything for you or give legal advice.
Join the Virginia waitlist
We’re building Virginia’s small-estate form filled in from your answers, with the letters, IRS Form 56 and a deadline tracker. Join the waitlist and we’ll email you the day it opens.
Who signs a Virginia small estate affidavit?
All of the known successors sign: everyone entitled to the asset under the will or Virginia’s inheritance rules, other than creditors. The form CC-1685 instructions say each successor’s signature must be notarized, and the form’s jurat can be completed by a clerk, deputy clerk or notary public. Successors who are minors or incapacitated can be represented under Virginia’s virtual representation rules.
What does the affidavit have to say?
Under Va. Code 64.2-601, the successors state that:
- The personal probate estate is worth $75,000 or less at the date of death.
- At least 60 days have passed since the death.
- No application for a personal representative is pending or granted anywhere.
- Any will has been probated.
- Who the successors are and their shares.
- Which successor is the designated successor who receives the asset for everyone.
The designated successor has a fiduciary duty to pay or deliver each other successor’s share promptly.
Where do you get the official form?
The Supreme Court of Virginia publishes form CC-1685, Small Estate Affidavit, with its circuit court fiduciary forms. A 2026 amendment makes it the required form.
What happens if the bank refuses?
Under Va. Code 64.2-603, a holder that pays on the affidavit is released as if it had dealt with a personal representative, and a holder that refuses can be made to deliver the asset with damages. Anyone who receives property remains accountable to a personal representative appointed later.
What if the estate is over $75,000 or includes a house?
The affidavit doesn’t reach real estate or estates over the limit. Those generally go through probate with the circuit court clerk. The clerk’s office can explain the filings, and a lawyer can advise on your situation.
Is Kin Papers a law firm?
No. Kin Papers isn’t a law firm and doesn’t give legal advice. This page explains what Virginia’s statutes and court form say, with links to each. It doesn’t say whether the affidavit fits your parent’s estate.
Common questions about small estates in Virginia
What is the Virginia small estate affidavit limit?
$75,000 for the entire personal probate estate, wherever located, valued at the date of death, under Va. Code 64.2-601. Chapter 148 of the 2025 Acts (HB 1912) raised it from $50,000.
How long do you have to wait in Virginia?
60 days after the death. Any will must already have been probated, and no application for a personal representative can be pending or granted anywhere.
Is there a required form in Virginia?
Yes. Since a 2026 amendment (HB 100), Va. Code 64.2-601 requires the affidavit to be on a form prepared by the Office of the Executive Secretary of the Supreme Court of Virginia. That form is CC-1685, Small Estate Affidavit.
Can a bank pay without any affidavit?
Under Va. Code 64.2-602, a holder may, but doesn’t have to, pay a single asset worth $35,000 or less to a successor without an affidavit, 60 days after the death, when no personal representative has been applied for.