Virginia probate code · checked October 2026
For money and belongings, Virginia's affidavit limit is $75,000 — applied to the estate after the assets that pass automatically are taken out. Real property is expressly outside Virginia's 'small asset' definition (§ 64.2-600) — the affidavit moves personal property only. The affidavit, where one exists, cannot be used until 60 days have passed since the death.
The affidavit limit today: $75,000, judged by the law in force on the date of death.
The paper: Form CC-1685, Small Estate Affidavit (Office of the Executive Secretary, Supreme Court of Virginia; rev. 07/26).
How it moves: presented to whoever holds the property; no court case is opened.
The wait: 60 days after the death before the affidavit can be used.
For a surviving spouse: No spouse-specific cap; the affidavit must be made by ALL known successors, spouse included - one successor cannot swear alone.
| Track | Limit | How it works |
|---|---|---|
| Small-estate affidavit | $75,000 | Presented to whoever holds the property; no court case. Form: Form CC-1685, Small Estate Affidavit (Office of the Executive Secretary, Supreme Court of Virginia; rev. 07/26). |
Motor vehicles have their own transfer-without-qualification route under Va. Code § 64.2-606, and a vehicle otherwise counts only as tangible personal property / a small asset under the Small Estate Act.
Section 64.2-601 imposes no assets-exceed-debts test; the designated successor holds collected assets in a fiduciary capacity and is answerable to any personal representative or successor with an equal or superior right (§§ 64.2-601A(8), 64.2-603).
Rules checked October 2026 · Sources: Va. Code § 64.2-600; Va. Code § 64.2-601; Va. Code § 64.2-602; Va. Code § 64.2-606; Va. Code §§ 64.2-621 et seq. (Uniform Real Property Transfer on Death Act); 2025 Acts of Assembly, ch. 148; 2026 Acts, ch. 40. This page reads the published law; it is not legal advice, and the court is the final word.