Small Estate Check.

Virginia probate code · checked October 2026

Virginia Small Estate: The Limit, the Tracks, and the Form

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.

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The Virginia line, in facts

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.

The tracks in Virginia

TrackLimitHow it works
Small-estate affidavit$75,000Presented 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).

What catches families in Virginia

Vehicles in Virginia

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.

Debts, and the signer's duty

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.

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