"Small Estate Affidavit Form" - Virginia

What Is a Small Estate Affidavit in Virginia?

By completing a Virginia Small Estate Affidavit Form, an individual is legally allowed to collect an inherited estate and this document will give them the legal authority to become the new owner of the estate. This is triggered when the original owner of the estate passes away.

Alternate Name:

  • Virginia Small Estate Act Affidavit.

By forming a Virginia Small Estate Affidavit, the person inheriting the estate will avoid the long probate procedure in court which goes through rigorous and lengthy checks. However, there are some specific laws in place which need to be carefully considered. If not, the document will not be legally recognized. Take into account the following points:

  • Like in most states, there is a minimum time period after which you can legally file the document. In Virginia, at least sixty days needs to pass from the day that the decedent died;
  • The total value of the small estate should not be valued at more than fifty thousand dollars. However, this is not inclusive of real estate;
  • The document should be signed before a notary public.

A fillable Virginia Small Estate Affidavit can be downloaded below.

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How to File a Small Estate Affidavit in Virginia?

When filing a Small Estate Affidavit in Virginia, you need to be aware of the Virginia Small Estate Affidavit procedure. Knowing which steps to take will help make sure that the document is filed correctly and that no problems will occur in the future. The procedure contains the following steps:

  • Firstly, you will need to determine whether or not a will exists for the small estate. This is just a formality that needs to be noted and if you are unsure, check with the county clerk;
  • Ensure that you qualify for the small estate affidavit by making sure that the value of the small estate does not exceed the permitted maximum. Only small estates valued at fifty thousand dollars are suitable;
  • Download one of our templates and fill in the affidavit correctly. It is important to include details concerning every successor and the values of each asset listed;
  • Sign the document before a notary public to ensure that it is notarized appropriately;
  • This notarized document can be used to regain all assets including those that are with other parties;
  • After submitting all of the forms and documents all you need to do is wait before you can legally collect the property.
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Download "Small Estate Affidavit Form" - Virginia

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Virginia Small Estate Affidavit Form
I certify that all of the following statements are true in regard to the Estate of
_____________________________________ (hereinafter referred to as the “Decedent”)
who has deceased in the State of ____________________________________, County of
__________________________________.
1. Decedent, __________________________________, died on ___________________
_____________________ (date), in the County of ______________________________,
in the State of ______________________________________.
2. A copy of the Decedent’s death certificate will be submitted along with this affidavit.
3. My name is _______________________________________________.
4. I reside at __________________________________________________ in the City of
______________________________, in the State of ____________________________.
5. The value of the assets of the Decedent’s estate exceeds the estate’s known liabilities.
6. The value of the Decedent’s estate does not exceed the monetary limit of $__________
imposed by the State of __________________________________.
7. I am either an heir of the Decedent, and the Decedent left no will, o
I am a named devisee of the Decedent in the Decedent’s will.
8. More than ________ days have passed since the Decedent’s death.
9. There is no pending administration of the Decedent’s estate.
10. There is no reasonable expectation that probate of the Decedent’s estate is soon to
commence.
11. All heirs or devisees of the Decedent are listed below:
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Virginia Small Estate Affidavit Form
I certify that all of the following statements are true in regard to the Estate of
_____________________________________ (hereinafter referred to as the “Decedent”)
who has deceased in the State of ____________________________________, County of
__________________________________.
1. Decedent, __________________________________, died on ___________________
_____________________ (date), in the County of ______________________________,
in the State of ______________________________________.
2. A copy of the Decedent’s death certificate will be submitted along with this affidavit.
3. My name is _______________________________________________.
4. I reside at __________________________________________________ in the City of
______________________________, in the State of ____________________________.
5. The value of the assets of the Decedent’s estate exceeds the estate’s known liabilities.
6. The value of the Decedent’s estate does not exceed the monetary limit of $__________
imposed by the State of __________________________________.
7. I am either an heir of the Decedent, and the Decedent left no will, o
I am a named devisee of the Decedent in the Decedent’s will.
8. More than ________ days have passed since the Decedent’s death.
9. There is no pending administration of the Decedent’s estate.
10. There is no reasonable expectation that probate of the Decedent’s estate is soon to
commence.
11. All heirs or devisees of the Decedent are listed below:
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__________________________________
__________________________________
Name
Name
__________________________________
__________________________________
__________________________________
__________________________________
Address
Address
__________________________________
__________________________________
Relation
Relation
__________________________________
__________________________________
Phone
Phone
__________________________________
__________________________________
Name
Name
__________________________________
__________________________________
__________________________________
__________________________________
Address
Address
__________________________________
__________________________________
Relation
Relation
__________________________________
__________________________________
Phone
Phone
__________________________________
__________________________________
Name
Name
__________________________________
__________________________________
__________________________________
__________________________________
Address
Address
__________________________________
__________________________________
Relation
Relation
__________________________________
__________________________________
Phone
Phone
__________________________________
__________________________________
Name
Name
__________________________________
__________________________________
__________________________________
__________________________________
Address
Address
__________________________________
__________________________________
Relation
Relation
__________________________________
__________________________________
Phone
Phone
If more Heirs or Devisees continue in Attachment A.
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12. All heirs or devisees will be given notice of this affidavit within 30 days of filing.
13. All assets of the Decedent’s estate (whether real property or personal property,
whether community property or separate property) and the value of such assets are listed
below:
Asset
Value
Additional information
$________________
$________________
$________________
$________________
$________________
$________________
$________________
$________________
$________________
If more Assets continue in Attachment B.
14. All liabilities and debts of the Decedent’s estate, and what the estate owes each
creditor, are listed below:
Liability/Debt
Amount owed
Creditor information
$________________
$________________
$________________
$________________
$________________
$________________
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$________________
$________________
$________________
If more Liabilities/Debts continue in Attachment C.
15. The following heirs or devisees are entitled to the following property:
Heir or Devisee
Property
If more Liabilities/Debts continue in Attachment D.
16. This document is governed under the laws in the State of ______________________.
__________________________________
Affiant’s Signature
Signed and sworn to me on _________________________________________.
State of ______________________.
County of ________________________.
I, the undersigned authority in and for said County in said State, hereby certify that
____________________________________, whose name is signed as the Affiant in this
small estate affidavit, and who is known to me, acknowledged before me on this day that,
being informed of the contents of the said document, they executed the same voluntarily
on the day the same bears date.
Given under my hand on _____________________________________.
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_________________________________
_________________________________
Notary Public’s Printed Name
Date
_________________________________
_________________________________
Notary Public’s Signature
Commission Expiration Date
Note: in addition, your State may require the affidavit and signatures of two (2)
disinterested witnesses.
Witness 1
I have no interest in the estate of _________________________________, deceased, nor
am I related to the Decedent. The statements made in this affidavit are true to the best of
my knowledge.
_________________________________
_________________________________
Disinterested Witness’s Printed Name
Disinterested Witness’s Signature
Witness 2
I have no interest in the estate of _________________________________, deceased, nor
am I related to the Decedent. The statements made in this affidavit are true to the best of
my knowledge.
_________________________________
_________________________________
Disinterested Witness’s Printed Name
Disinterested Witness’s Signature
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