After a death in Virginia

Small estates

Small asset affidavit (Va. Code 64.2-601). Can be used when the whole personal probate estate is worth $75,000 or less. Real estate is not covered. At least 60 days must pass after death. No personal representative can be appointed or pending, and if there is a will it must already be probated. All known successors sign the affidavit on the form from the Office of the Executive Secretary of the Supreme Court of Virginia, then give it to the bank or other holder. The section was amended in 2025 and 2026.

• Limit: $75,000 (personal probate estate)
• Waiting time after the death: 60 days
• Source: the official source

Probate court

In Virginia, estates are handled by the Clerk of the Circuit Court in the city or county where the person lived. The clerk’s probate office qualifies executors and administrators, and a commissioner of accounts oversees the estate., usually in the county where the person lived.

Creditor claims: Virginia has no short, fixed claim deadline like most states. The executor can ask the circuit court for an order after notice to creditors is published. Beneficiaries who receive a distribution can be required to refund it for valid claims for up to 5 years (Va. Code 64.2-556).

Official court forms

Circuit Court Fiduciary Forms | Virginia Court System

Virginia’s statewide circuit court forms for estates, including the Small Estate Affidavit (CC-1685) and its instructions.

Small estate form: open the form

The Small Estate Affidavit is for personal property when the whole estate is $75,000 or less. At least 60 days must pass after the death, and all known heirs must sign before a notary.

Estate and inheritance tax

• State estate tax: No. Virginia has no state estate tax.
• Inheritance tax: No. Virginia has no inheritance tax.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: Yes. Transfer on death deed under the Virginia Uniform Real Property Transfer on Death Act (Va. Code 64.2-621 and following). It must be recorded before the owner dies.
• Community property state: No.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: In writing and signed by the will maker (or by another in their presence and at their direction), signed or acknowledged in the presence of at least two competent witnesses who are present at the same time and who sign in the will maker’s presence (Va. Code 64.2-403). A self-proving affidavit before a notary is allowed.

Handwritten wills: Valid if wholly in the will maker’s handwriting and signed. At least two disinterested witnesses must later prove the handwriting and signature (Va. Code 64.2-403).

Power of attorney and health care directive

Financial power of attorney: Virginia Uniform Power of Attorney Act (Va. Code 64.2-1600 and following). The principal must sign (or have someone sign in their conscious presence at their direction). If acknowledged before a notary, the signature is presumed genuine (Va. Code 64.2-1603). No witnesses are needed. Notarizing is strongly advised and is needed to record it for real estate.

Health care directive: Advance Medical Directive (Va. Code 54.1-2983), which can name a health care agent, give treatment instructions, and state organ donation wishes. Signed in the presence of two adult witnesses. A spouse or blood relative may be a witness (Va. Code 54.1-2982). No notary is required. You are responsible for telling your doctor you have one.

Death certificates

Certified copies come from the Virginia Department of Health, Office of Vital Records. Customer Care Center 804-662-6200.. The fee is $15 per certified copy or search (fee in effect as of July 1, 2026).. The funeral home can usually order them for you.

Until 25 years after death, only immediate family members can get copies: mother, father, spouse, child, brother, sister and grandparents, with valid ID.

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

Virginia’s small asset affidavit limit is now $75,000 and you must wait 60 days, longer than most states. Holographic wills are valid but need two disinterested witnesses to prove the handwriting.