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.