VA · Circuit Court — Clerk

Virginia

Small-estate-affidavit threshold and procedure under § Va. Code § 64.2-601.
Verified 2026-05-04Threshold band: mid

Personal property

$75,000

statutory cap

60-day wait

Raised from $50K by 2025 Va. Acts ch. 148 (HB 1912).

01

Who is eligible to file

  • Surviving spouse or registered domestic partner
  • Adult children, equally if more than one
  • Parents of the decedent, if no spouse or descendants
  • The named executor under the will, if one exists
  • An heir at law under Virginia's intestate-succession statute, in the absence of the above
02

What counts toward the threshold

The threshold counts only assets that pass through probate. The following do not count against the cap:

Joint tenancy property

Passes by right of survivorship.

Community property w/ ROS

Vests in surviving spouse.

Beneficiary-designated

Life insurance, IRAs, 401(k)s.

TOD / POD accounts

Bank, brokerage, vehicle titles.

Living trust assets

Distributed by the trust, not the will.

Wages owed to surviving spouse

Often a separate path.

State note: Raised from $50K by 2025 Va. Acts ch. 148 (HB 1912).

Waiting period
State requires 60 days to elapse from date of death (personal-property path) before filing.

Real property

Excluded — personal property only

The small-estate-affidavit pathway in this state excludes real property. Real-property transfers require a different procedure (often regular probate).

03

Where to file

File with the Circuit Court — Clerk in the county where the decedent resided at death.

We do not maintain a county-by-county directory. The Virginia judicial system operates an authoritative court locator.

Find your county’s Circuit Court — Clerk via the Virginia judicial council website. Search for “Virginia Circuit Court — Clerk county locator” or visit the state government court directory.

04

Form & statute

Form

  • Small Estate Affidavit

Statute