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After a parent dies · Virginia
Small estates in Virginia: collecting a parent's property without full probate
Virginia's small asset affidavit is for a personal probate estate worth no more than $75,000 at the date of death. In Virginia, at least 60 days must pass after the death before the affidavit is used. In Virginia, whoever holds a small asset must hand it over to the designated successor when shown an affidavit signed by all known successors.
Educational only. Not legal advice. Sources checked November 2, 2026.
What the official sources say
- Virginia's small asset affidavit is for a personal probate estate worth no more than $75,000 at the date of death. Code of Virginia § 64.2-601. Checked November 2, 2026
- In Virginia, at least 60 days must pass after the death before the affidavit is used. Code of Virginia § 64.2-601. Checked November 2, 2026
- In Virginia, whoever holds a small asset must hand it over to the designated successor when shown an affidavit signed by all known successors. Code of Virginia § 64.2-601. Checked November 2, 2026
How to keep these papers
Keep dated copies of the papers you already have in one place, and write the day something happened on the same day. KeepMyProof is a private phone app for that: folders with checklists, the day it happened next to the day you saved it, and one PDF of a folder when someone asks.
- Will or trust copies
- Death certificates
- Court papers naming the executor
- Accounts and property papers
- Bills and letters to close out
- Family land papers (heirs' property)
Download the free printable checklist (PDF)
One page, no email needed.
Coming soon to Google Play.
More for Virginia
- How to order a death certificate in Virginia
- Executor duties and deadlines in Virginia
- How probate works in Virginia after a parent dies
- Transfer-on-death deeds for a home in Virginia
- Executor checklist: papers after a parent dies: the full guide
- Small estates: collecting a parent's property without full probate: all states
Neighbouring states
- Small estates in Maryland: collecting a parent's property without full probate
- Small estates in North Carolina: collecting a parent's property without full probate
- Small estates in Tennessee: collecting a parent's property without full probate
- Small estates in West Virginia: collecting a parent's property without full probate
- Small estates in District of Columbia: collecting a parent's property without full probate
Questions
Where do these Virginia facts come from?
Each fact on this page is copied from an official source: Code of Virginia § 64.2-601. We checked that each source still says it on November 2, 2026. Rules and forms change, so open the official link and read the current version before you rely on it.
Is this legal advice?
No. This page is educational only and is not legal advice. KeepMyProof is not a law firm. For advice about your situation, ask a lawyer licensed in Virginia or your court's self-help center.
Which papers should I keep for after a parent dies?
A good start: Will or trust copies; Death certificates; Court papers naming the executor; Accounts and property papers; Bills and letters to close out; Family land papers (heirs' property). Keep only papers you are allowed to have, write the date on each note, and keep originals somewhere safe.
How can I keep these papers private on my phone?
KeepMyProof keeps copies of the papers you already have in folders with checklists, encrypted on your phone, with no account and no ads. It is free for the first items you save. It is coming soon to Google Play.
Educational only. Not legal advice.