Virginia small estate
Virginia small estate limit
Virginia's small asset affidavit limit is $75,000 for the whole personal probate estate. You have to wait 60 days after the death, and any will must already be probated (Va. Code § 64.2-601).
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Virginia's small asset affidavit limit is $75,000 for the whole personal probate estate. You have to wait 60 days after the death, and any will must already be probated (Va. Code § 64.2-601).
General information, not legal advice. Statutes change, and courts apply them to the facts of each estate. Check with the probate court or a probate attorney before you rely on a figure or a date.
Small asset affidavit (Va. Code § 64.2-601)
| Limit | $75,000 |
| What counts | Value of the whole personal probate estate on the date of death, wherever it's located. |
| Waiting period | 60 days after death |
| Statute | Va. Code § 64.2-601 |
If there's a will, it must have been probated, and no personal representative can be appointed or have an appointment pending.
Common questions
What is the small estate limit in Virginia?
The limit is $75,000 for the small asset affidavit (Va. Code § 64.2-601). If there's a will, it must have been probated, and no personal representative can be appointed or have an appointment pending.
What counts toward the Virginia limit?
Value of the whole personal probate estate on the date of death, wherever it's located.
How long do you have to wait to use it in Virginia?
You have to wait 60 days after death (Va. Code § 64.2-601).
More for Virginia
- Virginia probate forms→
226 court forms, by county.
- Virginia probate guide→
How full probate works there, how long it takes and what it costs.
- Virginia probate courts→
Where to file, with phone numbers, addresses and fees.
Sources
- Va. Code § 64.2-601 — Virginia General Assembly
We last checked the statute text against the official publishers in August 2026.