A Small Estate
Va. Code 64.2-601 — a small asset paid on affidavit after 60 days, when the estate is $75,000 or less
In Virginia, a person holding a small asset of someone who died pays or delivers it to the designated successor on an affidavit made by all the known successors, on the form the Supreme Court's Executive Secretary prepares.
- The whole personal probate estate, wherever located, is worth no more than $75,000.
- At least 60 days have passed since the death.
- No application for a personal representative is pending or has been granted anywhere.
- Any will was duly probated.
- It names every known successor and the one designated to receive the asset, who has a fiduciary duty to safeguard and pass it on.
On the same affidavit, a transfer agent changes the registered owner of a security, and the designated successor may endorse a check payable to the person who died.
Sources for this section (1)
- Va. Code 64.2-601 — Payment of small sums by affidavit
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.