Small Estate Affidavit in Virginia

Yes. If the decedent's entire personal probate estate is worth no more than $75,000, anyone holding a small asset (a bank, brokerage or credit union account, security, refund, tangible personal property, or debt owed to the decedent, but not real estate) must pay or deliver it to the designated successor who presents an affidavit signed by all known successors stating, among other things, that at least 60 days have passed since death, that no personal representative has been appointed or applied for, and that any will has been probated. The affidavit must be on the form prepared by the Office of the Executive Secretary of the Supreme Court of Virginia (Form CC-1685), and each signature is notarized; it is presented to the asset holder rather than filed in court. A holder may also pay a small asset worth $35,000 or less to a successor without an affidavit after 60 days if no personal representative has been appointed or applied for.

Virginia has no separate summary probate proceeding, but several shortcuts apply. When the decedent's personal estate passing by will or intestacy is $35,000 or less and an heir, beneficiary or larger creditor qualifies, the clerk waives the inventory and the settlement of accounts (unless the decedent owned real estate the representative could sell). If all distributees or all residuary beneficiaries are the personal representatives, they may file a sworn statement in lieu of a settlement of accounts once all known charges are paid, six months have passed since qualification, and the residue has been distributed. In addition, 30 days after death a funeral home may collect funeral costs from a small asset by affidavit if no personal representative has been appointed. Surviving family may also claim a family allowance (lump sum up to $30,000, or up to $2,500 per month for one year), exempt property up to $25,000, and a homestead allowance of $25,000.

A personal representative may publish a notice to creditors once a week for two consecutive weeks and mail it to known creditors with disputed claims. Claims must then be presented in writing to the personal representative (or filed with the commissioner of accounts) by the later of six months after first publication or 90 days after the notice is mailed or delivered to the claimant. A representative who complies in good faith is not liable on late claims beyond the assets still on hand. Separately, after six months from qualification the court may order creditors to show cause against distribution; distributees may still be required to refund their share of valid claims in a suit brought within five years after distribution.