✓ $75,000 limit✓ No full probate✓ Notarize online

Virginia Small Estate Affidavit: Collect Assets Without Probate

When someone passes away in Virginia leaving $75,000 or less in personal property, heirs can often collect it without probate, using the notarized Small Estate Act Affidavit (Form CC-1685). Fill it out and notarize it online.

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Your information

Your full legal name (the Affiant)Your emailYour phoneCounty (for the affidavit heading)Your home address (residing at)Full name of the deceasedDate of deathYour relationship to the decedent / right to inherit (e.g. surviving spouse, sole heir, named in will)Description of the property or assets you are claiming (bank account, vehicle, etc.)

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In Virginia, when a person dies leaving $75,000 or less in personal property, the successors can collect the assets using the Small Estate Act Affidavit (Form CC-1685), instead of full probate. When it is notarized, you present it directly to the party holding the asset without filing it in court.

When you can use it

A few common situations

🏦

The estate’s personal property is $75,000 or less

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At least 60 days have passed since the death

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No probate case has been opened for the estate

What you need

A certified copy of the death certificate
The original will, if there is one
Your name and your right to the property as heir or beneficiary
A description of the specific assets you are collecting
the Small Estate Act Affidavit (Form CC-1685), signed in front of a notary

How it works

1Fill it outEnter your details above, your affidavit is created automatically.

2Prepare the affidavitComplete the Small Estate Act Affidavit (Form CC-1685).

3Notarize onlineThen present it to the institution with the death certificate.

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Frequently asked questions

What is the Virginia small estate limit?

The Virginia small estate limit is $75,000. Estates worth more than the limit generally have to go through probate instead.

Does the affidavit need to be notarized?

Yes. It is a sworn statement that must be signed in front of a notary. You can do it online.

Do I file it with the court?

When the affidavit is notarized, you do not file it with the court, you present it to the party holding the asset. All entitled successors must sign it.

How long do I wait?

At least 60 days after the date of death.

← See small estate guides for all states

This page is general information, not legal advice, and is not affiliated with any government agency or court. If you use our online notary partner, NotarEase NYC may earn a referral credit at no extra cost to you. Limits and rules change; confirm current requirements, or consult a Virginia attorney about your situation.

Virginia Small Estate Affidavit