Virginia Small Estates: the small estate affidavit
The short answer
Virginia calls its simplified route the small estate affidavit, and it is set out in Va. Code § 64.2-601. All known heirs must sign, and any will must go through probate first. You have to wait a set number of days after the death before using it. It does not transfer real estate. A house in the person’s sole name needs the court process instead. The current limit and the date we last read the statute are on the card below.
Virginia’s small estate affidavit
Virginia sets this out in Va. Code § 64.2-601. All known heirs must sign, and any will must go through probate first. The figure itself, and the date we last read that statute, are on the card below.[1]
Virginia
- Procedure:
- small estate affidavit
- Limit:
- $75,000
- Wait:
- 60 days
- Real estate:
- not covered
All known heirs must sign, and any will must go through probate first.
Va. Code § 64.2-601 — official page read September 18, 2026
It does not transfer real estate. A house in the person’s sole name needs the court process instead.[1]
The small estate affidavit is one piece of settling an estate in Virginia. Answer a few questions and Go Forward builds the rest of the list for your situation — the notifications, the accounts, the paperwork — in the order it needs doing.
Build my plan →Steps this page connects to: Check whether probate is required · Order certified death certificates · List what the estate holds
Reading this for someone else? You can give it to them.
Creditor claims under Va. Code §§ 64.2-550, 64.2-556
Above the limit it is a regular Virginia probate case. Publishing a notice to creditors is optional here, but doing it starts a shorter clock, which is usually the reason to bother. The window for claims is no single deadline. The estate's representative can ask the court to set one..[2]
Virginia
- Published notice:
- optional
- Claim window:
- no single deadline. The estate's representative can ask the court to set one.
Va. Code §§ 64.2-550, 64.2-556 — official page read September 18, 2026
Sources
- Va. Code § 64.2-601 (small estate affidavit) — Virginia — official statute or court self-help page. Read September 18, 2026.
- Va. Code §§ 64.2-550, 64.2-556 (notice to creditors) — Virginia — official statute or court self-help page. Read September 18, 2026.
Each state above links to the statute or court page we read, with the date we read it.
How we source and review these pages, and how to tell us about a mistake: our editorial policy.