Small estate affidavit in Virginia: who can use it and how

The people who inherit sign a sworn affidavit and give it to the bank or other holder, which must then pay or deliver the asset to the person they chose (the 'designated successor'). Nothing is filed with a court.

Up to $75,000, 60 days after the death, no court filing.

Checked against official sources: October 30, 2026.

Small Estate Affidavit (Virginia Small Estate Act), form CC-1685

Limit

Up to $75,000

The person's whole personal probate estate, valued on the date of death, cannot be more than $75,000, and each asset collected this way can be worth no more than $75,000. The limit was raised from $50,000 to $75,000 by 2025 Va. Acts ch. 148.

What counts

The value of the person's entire personal probate estate on the date of death, wherever located. Real estate and property that passes outside probate (joint, payable-on-death, beneficiary-designated) are not part of it. Each asset collected must also be worth $75,000 or less.

Waiting period

At least 60 days must have passed since the death.

Who can use it

All of the known successors (the people entitled under the will or, with no will, under intestacy law) sign the affidavit. They name one or more of themselves as the 'designated successor' to receive the asset on behalf of all. Creditors are not successors. A successor can be represented under Virginia's virtual representation rules.

Court or where to file

Not filed with a court. You give it to the bank, company or person holding the asset.

Notary

The affidavit is sworn before a notary public, or a circuit court clerk or deputy clerk.

Papers to attach

Form CC-1685 signed and sworn by all known successors
Description of the asset and the basis of each successor's right to it
If there is a will: proof that it was probated (the affidavit states the will was duly probated)
A death certificate, if the holder asks for one

Steps

Wait until at least 60 days after the death.
Make sure no one has applied to be personal representative in any state.
If there is a will, have it probated with the circuit court clerk.
Fill in form CC-1685: the asset, every successor's name and address, and the designated successor.
All known successors sign before a notary or clerk.
Give the affidavit to the holder; the designated successor then pays or delivers each successor's share promptly.

Fee

No court filing fee, because the affidavit is not filed with a court. Probating a will has its own clerk's fees.

Debts and responsibility

The designated successor has a legal (fiduciary) duty to safeguard the asset and promptly pay or deliver it to the other successors. Anyone who receives an asset this way must answer for it to a personal representative appointed later and to any successor with an equal or better right.

What the bank or holder must do

A person holding a small asset must pay or deliver it to the designated successor on a proper affidavit, and a transfer agent must re-register a security. The holder is then released as if it had dealt with a personal representative and need not check the truth of the affidavit. If the holder refuses, the asset may be recovered or its delivery compelled, and damages recovered, in a court proceeding.

Forms

CC-1685 Small Estate Affidavit (07/26), Office of the Executive Secretary, Supreme Court of Virginia

Law: Va. Code secs. 64.2-600, 64.2-601, 64.2-603

Source: Official page

What counts toward the limit in Virginia

Add up the value, on the date of death, of everything in the person's personal probate estate, wherever it is. Leave out real estate and anything that passes outside probate (joint accounts, payable-on-death and transfer-on-death accounts, beneficiary-designated insurance and retirement accounts, living-trust property). The law does not say whether debts are subtracted.

Law: Va. Code 64.2-600, 64.2-601

Kind of property	How it is treated	Details
Bank accounts in the person's name alone	Counts	Accounts in the person's name alone, with no surviving joint owner or payable-on-death beneficiary, count. Law: Va. Code 64.2-600, 64.2-601(A)(1)
Joint or payable-on-death (POD) bank accounts	Left out	Joint accounts with survivorship and payable-on-death accounts pass outside probate and are not part of the personal probate estate. Law: Va. Code 64.2-601(A)(1); Va. Code 6.2-604
Cars and other vehicles	Counts	A vehicle is personal property and counts. It can also be transferred at the DMV without the small estate affidavit. Law: Va. Code 64.2-601(A)(1), 64.2-606(B)
Boats and mobile or manufactured homes	Counts	Boats and other personal property count. Law: Va. Code 64.2-600, 64.2-601(A)(1)
Real estate in Virginia	Left out	Real estate is not counted; the limit is on the personal probate estate, and a small asset excludes real property. Law: Va. Code 64.2-600, 64.2-601(A)(1)
Main home (primary residence)	Left out	The home (real estate) is not counted. Law: Va. Code 64.2-600
Real estate in another state	Left out	Real estate is not counted. Law: Va. Code 64.2-600
Unpaid wages owed to the person	Counts	Money owed to the person, such as unpaid wages, counts. Law: Va. Code 64.2-600
Military pay owed to the person	Not clear	The Small Estate Act does not mention military pay. Law: Va. Code 64.2-600
Life insurance or retirement money paid to a named person	Left out	Insurance and retirement benefits paid to a named beneficiary pass outside probate and are not counted. Law: Va. Code 64.2-601(A)(1)
Life insurance or retirement money paid to the estate	Counts	Benefits payable to the estate are part of the personal probate estate and count. Law: Va. Code 64.2-601(A)(1)
Property in a living trust	Left out	Property in a living trust is not part of the personal probate estate. Law: Va. Code 64.2-601(A)(1)
Property owned jointly with right of survivorship	Left out	Property held jointly with survivorship passes to the surviving owner outside probate. Law: Va. Code 64.2-601(A)(1)
Property going to a surviving spouse	Counts	Probate personal property counts even if it goes to the spouse under the will or intestacy law. Law: Va. Code 64.2-601(A)(1)
Stocks, bonds and brokerage accounts	Counts	Stocks and brokerage accounts in the person's name alone, with no transfer-on-death beneficiary, count. Law: Va. Code 64.2-600, 64.2-601(D)
Furniture, jewelry and other belongings	Counts	Tangible personal property (belongings) counts. Law: Va. Code 64.2-600

Source: Official page

Questions about small estates in Virginia

How long must I wait to use the affidavit in Virginia?

At least 60 days must have passed since the death.

What does the affidavit cost in Virginia?

No court filing fee, because the affidavit is not filed with a court. Probating a will has its own clerk's fees.

Am I responsible for debts if I use the affidavit in Virginia?

Free help in Virginia

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.