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Va. Code § 64.2-601 · checked 2026-10-20
Virginia small estate affidavit limit
In Virginia the small asset affidavit is available when the value of the entire personal probate estate at the date of death is $75,000 or less, and it can be used 60 days after the death. It works through an affidavit handed to the bank or other holder, with no court filing.
- 1Dollar limit $75,000
- 2Waiting period 60 days
- 3Filed with Asset holder
- 4Statute Va. Code § 64.2-601
What Va. Code § 64.2-601 says
The operative words of the statute, as read on 2026-10-20:
“does not exceed $75,000”
That test is applied to the value of the entire personal probate estate at the date of death. All known successors sign the affidavit on the form prepared by the Office of the Executive Secretary of the Supreme Court of Virginia and name a designated successor.
Source: Va. Code § 64.2-601. Last checked 2026-10-20.
Worked examples against the $75,000 limit
| Estate value | Result under Va. Code § 64.2-601 |
|---|---|
| $45,000 | Within the limit |
| $75,000 | Within the limit |
| $76,000 | Over the limit by $1,000: the small-estate route is closed |
Values are the estate as the statute measures it — value of the entire personal probate estate at the date of death — not everything the person owned. Virginia's figure is $12,500 above the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 19th from the top, level with Kansas, Minnesota, Mississippi, Oregon.
When the route opens
The statute requires 60 days to pass after the death. For a death on January 15, 2026, the earliest date is March 16, 2026. That is the longest written waiting period among the 31 jurisdictions here that set one.
Filing and fees
This is a no-court procedure: the person entitled to the property signs the affidavit and presents it to whoever holds the asset — a bank, a transfer agent, a motor-vehicle office. Opening full administration for an estate of $76,000 would cost $25 under Va. Code § 17.1-275(A)(3) — see probate court fees in Virginia.
The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the small asset affidavit and what it charges. This site does not supply forms or refer anyone to a lawyer.
Nearby South Atlantic jurisdictions
Delaware: $50,000 after 30 days; District of Columbia: $80,000; Florida: $150,000; Georgia: no dollar cap; Maryland: $50,000; North Carolina: $20,000 after 30 days; South Carolina: $45,000 after 30 days; West Virginia: $50,000.
Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.
General information from the statute as written on 2026-10-20; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the Virginia probate court or its self-help center before filing.