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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).

Last updated

What counts in Virginia: Value of the whole personal probate estate on the date of death, wherever it's located.

$
Did the person who died leave a will?
Is there a surviving spouse or registered partner?

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 countsValue of the whole personal probate estate on the date of death, wherever it's located.
Waiting period60 days after death
StatuteVa. 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).

Sources

We last checked the statute text against the official publishers in August 2026.