Virginia Small Estate Affidavit (2026): $75,000 Limit, 60-Day Wait, Form CC-1685

Your mother had a checking account, a few shares of stock and an old sedan. Opening a full probate case over that would be overkill. Virginia’s Small Estate Act speaks to this. You will find it at sections 64.2-600 through 64.2-603 of the Code of Virginia. The family can collect that kind of property without anyone qualifying as executor or administrator.

Two recent laws matter here. The 2025 Acts, Chapter 148, raised the cap. It went from $50,000 to $75,000 on July 1, 2025. Chapter 40 of the 2026 Acts (HB 100) came next, on July 1, 2026. The dollar figures stayed put. One rule is new: the affidavit has to be on a form prepared by the Office of the Executive Secretary of the Supreme Court of Virginia.

Three things catch families off guard. Every known successor makes the affidavit, not one person acting alone. The 60-day wait is the longest among the states in our table that list one. And the court system’s instructions for the form say each successor’s signature must be notarized.

Who can use the Virginia small estate affidavit

Under section 64.2-601, anyone holding a “small asset” must pay or deliver it to the designated successor on being presented an affidavit made by all of the known successors. A successor is anyone other than a creditor who is entitled under the decedent’s will or the laws of intestacy to part or all of a small asset. The affidavit states:

1. The value of the decedent’s entire personal probate estate, wherever located, as of the date of death, does not exceed $75,000;
2. At least 60 days have elapsed since the death;
3. No application for the appointment of a personal representative is pending or has been granted in any jurisdiction;
4. The decedent’s will, if any, was duly probated;
5. The claiming successor is entitled to payment or delivery of the small asset, and the basis for that entitlement;
6. The names and addresses of all successors, to the extent known;
7. The name of each successor designated to receive payment or delivery of the small asset on behalf of all successors; and
8. A statement that the designated successor has a fiduciary duty to safeguard the small asset and to pay or deliver it promptly, as Virginia law requires.

What counts toward the limit

The affidavit speaks of the decedent’s “entire personal probate estate” on the date of death. The definitions in section 64.2-600 cover “designated successor,” “person,” “small asset” and “successor.” They do not spell out what belongs in the probate estate.

A small asset is any debt owed to the decedent, or any asset belonging or presently distributable to the decedent, other than real property. Its value on the date of death can be no more than $75,000. Examples the statute names: bank, savings institution and credit union accounts, brokerage accounts, securities, deposits, tax refunds, overpayments, tangible personal property and instruments evidencing a debt. The Act covers personal property only. Real estate is outside it.

The Act says nothing about how to treat joint accounts, accounts with a named beneficiary, retirement accounts or trust property. If you are unsure whether an asset belongs in the count, ask the clerk of the circuit court before you leave it out.

The $35,000 rule: no affidavit at all

Section 64.2-602 goes a step further for single assets. A person holding a small asset valued at $35,000 or less may pay or deliver it to any successor if two things are true: at least 60 days have elapsed since the death, and no application for the appointment of a personal representative is pending or has been granted in any jurisdiction. This section does not call for an affidavit.

Two points to note:

• The statute says the holder may pay. It does not say a holder must. Ask the bank or broker whether it will pay on this basis.
• The designated successor keeps a fiduciary duty to safeguard the asset and promptly pay or deliver it to the other successors, if any.

The 60-day wait and the will

Both routes use the same period: 60 days counted from the death. Of the 32 states in our table that list a waiting period, Virginia’s is the longest, and the next longest is 45 days. Use the time to gather statements and identify every successor. If there is a will, get it probated. Any circuit court clerk may admit a will to probate. Ask the clerk of the court where the person lived which office to use. The same statute lists appointing and qualifying executors as a separate power. The affidavit only has to state that the will, if any, was duly probated.

How to use it, step by step

1. Wait at least 60 days after the death.
2. Probate the will, if there is one, with the clerk of the circuit court.
3. Add up the personal probate estate at date-of-death values. The affidavit says it does not exceed $75,000.
4. List every successor. Work from the will or, if there is none, from Virginia’s intestacy law. Then pick who will receive the asset for the group. The form has five lines for successors and five for designated successors, and you can attach more pages.
5. Complete Form CC-1685 (details below) and have every known successor sign. The form’s instructions say each signature must be notarized.
6. Present the signed affidavit to each holder and ask what else it wants to see. A holder that pays or delivers under the Act is discharged to the same extent as if it had dealt with the personal representative. It does not have to inquire into the truth of any statement in the affidavit.
7. Pay or deliver promptly to the other successors, as the designated successor’s fiduciary duty requires.

The form: CC-1685, revision 07/26

The form requirement dates from July 1, 2026 (2026 c. 40, HB 100). Section 64.2-601 now requires a particular form: the affidavit shall be on a form prepared by the Office of the Executive Secretary of the Supreme Court of Virginia. Today that is Form CC-1685 (Small Estate Affidavit, revision 07/26), current as of October 2026. The revision date is printed at the top of each page, so check it against the court system’s forms page before you sign.

The form asks for the decedent’s name and date of death, a description of the small asset, the basis for the claiming successor’s entitlement (surviving spouse, beneficiary under a will, “heir (no will),” or other), the names and addresses of all successors and the names of the designated successors. It ends with signature lines and a block for a clerk, deputy clerk or notary public. The instructions that come with it say each successor’s signature must be notarized.

Two more rules cover what happens after signing. Under section 64.2-601 D, a transfer agent of a security, upon the surrender of the certificates, if any, changes the registered ownership from the decedent to the designated successor on presentation of the affidavit. Subsection E deals with checks. The designated successor may endorse or negotiate a check, draft or other negotiable instrument payable to the decedent or the decedent’s estate. If a financial institution accepts it for deposit in that manner, it is discharged from all claims for the amount accepted.

A holder can refuse, and a court proceeding can follow. The asset may be recovered, or its payment compelled, and damages recovered, on proof of rightful claim in a proceeding brought for that purpose by or on behalf of the person entitled. Anyone who receives a small asset is answerable and accountable for it to any personal representative of the estate or to any other successor with an equal or superior right.

A worked example

A Richmond widow died in September 2026. Her will split everything equally among her three children. In her own name she held a savings account ($28,000), a brokerage account ($39,000), a car ($8,000) and a townhouse. Her IRA named all three children as beneficiaries.

• IRA: it passes to the named beneficiaries, so this example leaves it out of the count.
• Townhouse: real estate is outside the Small Estate Act. Ask the circuit court clerk how it passes.
• Personal probate estate: add $28,000, $39,000 and $8,000 and you get $75,000. That is exactly the limit in force since July 1, 2025. The affidavit says the estate “does not exceed” $75,000, so it qualifies. Under the old $50,000 limit it would not have.

The children probate the will and wait out the 60 days. All three then sign Form CC-1685 before a notary and name the eldest as designated successor. The brokerage account is over $35,000, so that firm gets the affidavit. The bank may pay out the $28,000 savings account under the $35,000 rule, no affidavit needed. For the car, ask the Department of Motor Vehicles what paperwork it wants.

What the designated successor must do

The Act lets a family name one designated successor or several. Whoever takes the role takes on duties the statute spells out.

• Safeguard what you collect. The statute gives the designated successor a fiduciary duty to safeguard the asset. Keep collected money apart from your own, for example in a dedicated account, until it is paid out.
• Pay promptly. The same duty includes promptly paying or delivering the asset as Virginia law requires, and under the $35,000 rule, to the other successors, if any.
• Handle a successor who is incapacitated or a minor with care. The designated successor may discharge the duty by paying or delivering the asset directly to that successor or applying it for the successor’s benefit. The other options are paying the successor’s conservator or, if there is none, guardian; paying a custodian under the Virginia Uniform Transfers to Minors Act or a custodial trustee under the Uniform Custodial Trust Act; paying an adult relative or other person who has legal or physical care or custody of the successor, but only if no conservator, guardian, custodian or custodial trustee is known; or managing the asset as a separate fund the successor can keep withdrawing from.
• Keep records. Whoever receives a small asset answers to a personal representative or to a successor with an equal or superior right. Receipts and a running ledger protect you.

Medicaid estate recovery

Medicaid can seek repayment from a person’s estate, so check before anything is distributed. Va. Code §32.1-326.1 directs the Department of Medical Assistance Services (DMAS) to run an estate recovery program for Medicaid-financed nursing facility care, and the amount recovered cannot exceed the total Medicaid payments made for that person. DMAS’s rule, 12VAC30-20-141, reaches further: it covers medical assistance paid for a person who was age 55 or older when they received it.

The rule defines the estate as all real and personal property and other assets the person held at death, plus any other property in which the person had any legal title or interest. That definition is not limited to what passes through probate. Recovery can only be made after the death of the surviving spouse, if any, and only when there is no surviving child under age 21 or blind or disabled child. The rule also provides for a waiver when recovery would cause undue hardship. Ask DMAS or an elder law attorney before you distribute.

Common mistakes with the Virginia affidavit

• Signing too early. The affidavit has to state that at least 60 days have passed since the death. Sign sooner and that statement is untrue.
• Missing a successor. The affidavit must be made by all of the known successors and lists the names and addresses of all successors, to the extent known.
• Skipping probate of the will. When there is a will, the affidavit states that it was duly probated.
• Using an old figure or form. Pages written before July 1, 2025 show the old $50,000 limit. The court system’s current form is marked revision 07/26, so check the date on anything you download.
• Skipping the notary. The form’s instructions say each successor’s signature must be notarized.
• Guessing at what counts. The Act does not say how joint or beneficiary-designated assets are treated. Ask the circuit court clerk.

When the Virginia shortcut does not fit

• Over $75,000: the affidavit has to state that the estate does not exceed that figure, so a bigger estate needs another route. A clerk of the circuit court may appoint and qualify executors and administrators. Our probate cost estimator helps with budgeting.
• A successor will not make the affidavit: it has to be made by all of the known successors. Ask the circuit court clerk how a personal representative qualifies.
• Real estate only: the Act covers personal property only. Virginia also allows transfer on death deeds, which are a planning tool for the future; see our transfer on death deed guide.

How Virginia compares

Virginia’s $75,000 limit is the median of the 49 jurisdictions in our table with a dollar limit: 24 are lower, 20 are higher and 5, Virginia among them, are equal. Its 60-day wait is the longest of the 32 that list one, ahead of Arkansas, Indiana and Tennessee at 45 days. See every state in our small estate affidavit limits by state table. For states where the process runs through a court, see our Pennsylvania and New York guides.

Frequently Asked Questions

How much can a Virginia small estate affidavit cover in 2026?

The limit is $75,000. It covers the decedent’s entire personal probate estate as of the date of death. Chapter 148 of the 2025 Acts raised it from $50,000 on July 1, 2025. Chapter 40 of the 2026 Acts left the dollar limit alone and added a form requirement.

How soon after a death can I use it?

Not until at least 60 days have passed since the death. The no-affidavit option for a single asset of $35,000 or less has the same 60-day wait.

Who has to sign the Virginia small estate affidavit?

All of the known successors: anyone other than a creditor who is entitled under the will or intestacy law to part or all of the asset. The affidavit also names each successor designated to receive the asset on behalf of all of them, and the designated successor has a fiduciary duty to safeguard it and promptly pay or deliver it. The form’s instructions say each signature must be notarized.

Do I need to probate the will to use the Virginia small estate affidavit?

Yes, if there is a will. The affidavit states that the will, if any, was duly probated, so start with the clerk of the circuit court, who may admit wills to probate.

Can the Virginia small estate affidavit transfer real estate?

No. The Act covers a small asset, which the statute defines as anything other than real property. Ask the circuit court clerk how the real estate passes.

Is there an official Virginia small estate form?

Yes. Since July 1, 2026, the affidavit has to be on a form prepared by the Office of the Executive Secretary of the Supreme Court of Virginia. The court system’s current version is Form CC-1685, revision 07/26, and its instructions say each successor’s signature must be notarized.

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ClearLegalTips is an independent publisher of plain-English legal guides, free document templates, and cost calculators for common U.S. legal tasks. Every article is reviewed by founder and editor Fatih Öztürk and fact-checked against official sources: statutes, court fee schedules, and government filing pages. Not a law firm; nothing here is legal advice.