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

- Link: https://clearlegaltips.com/virginia-small-estate-affidavit/
- Published: 2026-10-16T07:51:26-04:00
- Author: ClearLegalTips

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## Download This Resource

Get the Virginia estate worksheet and the small estate affidavit checklist:

[Estate Worksheet$75,000 / $35,000 tests](https://clearlegaltips.com/wp-content/uploads/2026/10/va-small-estate-worksheet.pdf)
[Action ChecklistStep-by-step PDF](https://clearlegaltips.com/wp-content/uploads/2026/10/va-small-estate-checklist.pdf)

**The short version (2026):** The Virginia small estate affidavit now handles personal
probate estates up to **$75,000**. The old ceiling was $50,000, until **July 1, 
2025**. Wait **60 days** after the death. Then **all known successors** (everyone
entitled under the will or intestacy law) have to make the affidavit together. You
present it to whoever holds the asset, and it is meant for estates where no personal
representative has been appointed or applied for. A will, if there is one, must 
be probated first. Since **July 1, 2026**, the statute requires the court system’s
form (Form CC-1685). For a single asset worth **$35,000 or less**, the holder may
pay a successor after 60 days without any affidavit. The Act covers personal property
only, not real estate.

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

![Virginia small estate affidavit made by all known successors: the eight statements
it contains, from the $75,000 value to the designated successor's duty](https://
i0.wp.com/clearlegaltips.com/wp-content/uploads/2026/10/virginia-small-estate-affidavit-
01-who-can-use.jpg?w=1290&ssl=1)

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

![What counts toward the Virginia $75,000 limit: personal property of the decedent
counts, real property is outside the Small Estate Act](https://i0.wp.com/clearlegaltips.
com/wp-content/uploads/2026/10/virginia-small-estate-affidavit-02-what-counts.jpg?
w=1290&ssl=1)

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 court system supplies the Virginia form, and Form CC-1685 does not come from
a template site. If you need other documents for the estate, such as a will or a
letter to a bank, LawDepot is a template tool, not a filing service.

[Browse LawDepot Templates →](https://clearlegaltips.com/go/lawdepot-affidavit-form)

## The $35,000 rule: no affidavit at all

![Virginia section 64.2-602: a holder may pay a small asset of $35,000 or less to
a successor after 60 days with no personal representative applied for, no affidavit
required](https://i0.wp.com/clearlegaltips.com/wp-content/uploads/2026/10/virginia-
small-estate-affidavit-03-no-affidavit.jpg?w=1290&ssl=1)

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

![The Virginia 60-day wait: 60 days from the death, longest of the 32 states in 
our table that list a waiting period, with the will probated by the circuit court
clerk](https://i0.wp.com/clearlegaltips.com/wp-content/uploads/2026/10/virginia-
small-estate-affidavit-04-wait-and-will.jpg?w=1290&ssl=1)

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

![Seven steps to use the Virginia small estate affidavit, from waiting 60 days to
paying the other successors promptly](https://i0.wp.com/clearlegaltips.com/wp-content/
uploads/2026/10/virginia-small-estate-affidavit-05-how-to.jpg?w=1290&ssl=1)

 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

![Virginia worked example: a Richmond estate of $28,000 savings, $39,000 brokerage
and an $8,000 car totals exactly $75,000, with the townhouse and IRA left out of
the count](https://i0.wp.com/clearlegaltips.com/wp-content/uploads/2026/10/virginia-
small-estate-affidavit-06-example.jpg?w=1290&ssl=1)

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 Virginia designated successor: one or more people named in the affidavit, 
with a fiduciary duty to safeguard and promptly pay or deliver the asset](https://
i0.wp.com/clearlegaltips.com/wp-content/uploads/2026/10/virginia-small-estate-affidavit-
07-designated.jpg?w=1290&ssl=1)

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

![Virginia Medicaid estate recovery: DMAS recovers from the whole estate under 12VAC30-
20-141, only after a surviving spouse dies and with no child under 21 or blind or
disabled child](https://i0.wp.com/clearlegaltips.com/wp-content/uploads/2026/10/
virginia-small-estate-affidavit-08-medicaid.jpg?w=1290&ssl=1)

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](https://clearlegaltips.com/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](https://clearlegaltips.com/transfer-on-death-deed-template-2026/).

## How Virginia compares

![Virginia's $75,000 limit sits at the median of the 49 jurisdictions in our table
with a dollar limit, and its 60-day wait is the longest of the 32 that list one](
https://i0.wp.com/clearlegaltips.com/wp-content/uploads/2026/10/virginia-small-estate-
affidavit-09-vs-states.jpg?w=1290&ssl=1)

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](https://clearlegaltips.com/small-estate-affidavit-limits-by-state/)
table. For states where the process runs through a court, see our [Pennsylvania](https://clearlegaltips.com/pennsylvania-small-estate-affidavit/)
and [New York](https://clearlegaltips.com/new-york-small-estate-affidavit/) guides.

## Frequently Asked Questions

![Virginia small estate questions in plain English: limit, 60-day wait, who signs,
the will, real estate and Form CC-1685](https://i0.wp.com/clearlegaltips.com/wp-
content/uploads/2026/10/virginia-small-estate-affidavit-10-faq.jpg?w=1290&ssl=1)

### 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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### Related Articles

 * [Small Estate Affidavit Limits by State (2026): All 50 States, Verified](https://clearlegaltips.com/small-estate-affidavit-limits-by-state/)
 * [Free Transfer on Death Deed Template – Avoid Probate](https://clearlegaltips.com/transfer-on-death-deed-template-2026/)
 * [Free Last Will and Testament Template](https://clearlegaltips.com/free-last-will-and-testament-template/)

### Sources & References

 * [law.lis.virginia.gov (§64.2-600)](https://law.lis.virginia.gov/vacode/title64.2/chapter6/section64.2-600/)
 * [law.lis.virginia.gov (§64.2-601)](https://law.lis.virginia.gov/vacode/title64.2/chapter6/section64.2-601/)
 * [law.lis.virginia.gov (§64.2-602)](https://law.lis.virginia.gov/vacode/title64.2/chapter6/section64.2-602/)
 * [law.lis.virginia.gov (§64.2-603)](https://law.lis.virginia.gov/vacode/title64.2/chapter6/section64.2-603/)
 * [law.lis.virginia.gov (§64.2-444, clerk of the circuit court)](https://law.lis.virginia.gov/vacode/title64.2/chapter4/section64.2-444/)
 * [law.lis.virginia.gov (§64.2-624, transfer on death deeds)](https://law.lis.virginia.gov/vacode/title64.2/chapter6/section64.2-624/)
 * [law.lis.virginia.gov (§32.1-326.1, estate recovery)](https://law.lis.virginia.gov/vacode/title32.1/chapter10/section32.1-326.1/)
 * [law.lis.virginia.gov (12VAC30-20-141, estate recoveries)](https://law.lis.virginia.gov/admincode/title12/agency30/chapter20/section141/)
 * [dmas.virginia.gov (Estate Recovery Fact Sheet, Aug. 2022)](https://www.dmas.virginia.gov/media/5997/revised-estate-recovery-fact-sheet-08-24-2022.pdf)
 * [lis.virginia.gov (2026 Acts c. 40, HB 100)](https://lis.virginia.gov/bill-details/20261/HB100/text/CHAP0040)
 * [courts.state.va.us (Form CC-1685, Small Estate Affidavit, rev. 07/26)](https://www.courts.state.va.us/static/forms/circuit/cc1685.pdf)
 * [courts.state.va.us (Form CC-1685 instructions, rev. 07/26)](https://www.courts.state.va.us/static/forms/circuit/cc1685inst.pdf)

_Fact-checked: October 2026_

**Legal Disclaimer:** This article is general information, not legal advice. ClearLegalTips
is not a law firm and does not provide legal representation. Laws vary by state 
and change over time. For guidance on your specific situation, consult a licensed
attorney in your jurisdiction.

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