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 will then transfer the titles to the estate to the heirs. Interested parties, including creditors, must wait at least 60 days (2 months) before filing the small estate affidavit, per Va. Code Ann. § 64.2-510.
How to Write
Step 1 – Download in Adobe PDF or Microsoft Word (.doc).
Step 2 – Enter the following into the form:
- Header – Enter Superior Court (See List)
- Name of Decedent
- Date of Birth
- Case Number
- Check the three (3) boxes depending on your situation
- Date and Sign
- Verification – On the last page you will be required to verify that everything you have stated is true and accurate
Step 3 – File the form with a copy of the death certificate to the proper clerk or courthouse.
