Virginia Small Estate Affidavit | Affidavit of Heirship

When a loved one either lives in or owns property in Virginia and passes away, heirs may file either the affidavit of heirship or the small estate affidavit to claim personal, financial, and real estate property of the decedent. In Virginia, creditors may also file these affidavits as long as they have evidence of the decedent’s debts, and will use the estate to pay only those debts back. There is a waiting period of at least 60 days (2 months) after the decedent’s passing before any interested parties may file the affidavits, and there must not be a will. The estate may not value more than $50,000 or it will automatically go to probate court.

Affidavit of Heirship: a grieving family may avoid probate court by filing this affidavit in Virginia to claim bank accounts, debts owed the decedent, and other persona, financial, or tangible property not including real estate.

Small Estate Affidavit: Once this document, listing the names of the decedent’s heirs, has been filed with the state, Virginia will sign over the titles and deeds to a decedent’s real estate property.



Adobe PDF | Microsoft Word (.doc)

If a loved one in Virginia dies without a will, there is no application to become the administrator of the estate, and the personal property values $50,000 or less, then successors may file the affidavit of heirship to collect bank accounts, final paychecks and other debts, vehicles, heirlooms, and other…

Adobe PDF | Microsoft Word (.doc)

In Virginia, if there is no will, the small estate affidavit may be filed for real estate property valuing $50,000 or less. This document will be filed listing all the names of potential heirs, and a court clerk will send the document on to be filed in the state. Virginia…