Free Virginia Small Estate Affidavit

Complete Virginia's official CC-1685 Small Estate Affidavit for estates up to $75,000. Va. Code §§ 64.2-600 to 64.2-603.

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Your Information

The Virginia affidavit identifies the claiming successor and the basis of entitlement.

Skipping probate?Settle the whole estate in one place.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

ZIP Code*

Telephone

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Frequently Asked Questions About Virginia Small Estate Affidavits

Yes — CC-1685 Small Estate Affidavit, and its use is required. This tool completes the official form with the estate, successor, and property details.

$75,000, per Va. Code §§ 64.2-600 to 64.2-603. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

60 days after the death (Va. Code §§ 64.2-600 to 64.2-603). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

All of the known successors make the affidavit (a "successor" is any person, other than a creditor, entitled under the will or intestacy to part or all of a small asset); they designate one or more successors to receive payment or delivery on behalf of all. Successors may be represented and bound under the virtual-representation provisions of §§ 64.2-714, 64.2-716, and 64.2-717. Va. Code §§ 64.2-600, 64.2-601(A), (C).

Any person having possession of the small asset (bank, savings institution, credit union, brokerage, or other holder). A transfer agent of any security shall change registered ownership on presentation of the affidavit (§ 64.2-601(D)), and the designated successor may endorse or negotiate a check, draft, or other negotiable instrument payable to the decedent or the estate (§ 64.2-601(E), added by 2026 c. 40).

The Virginia affidavit is signed before a notary (Va. Code § 64.2-601(A) (affidavit); Form CC-1685 jurat (clerk, deputy clerk, or notary public)).

Any person paying or delivering a small asset under § 64.2-601 or § 64.2-602 is discharged and released to the same extent as if dealing with the personal representative, and need not see to the application of the asset or inquire into the truth of any statement in the affidavit; refusal to pay is remediable by an action with damages, and recipients are answerable to any personal representative or successor with an equal or superior right (§ 64.2-603). A financial institution accepting a negotiable instrument presented by the designated successor for deposit is discharged from all claims for the amount accepted (§ 64.2-601(E)).

Personal property only: a "small asset" is any indebtedness or asset belonging or presently distributable to the decedent OTHER THAN REAL PROPERTY, valued at no more than $75,000 on the date of death (§ 64.2-600). Virginia has no small-estate real-property affidavit; real property passes outside this act. Va. Code § 64.2-600.

Small Estate Collection in Virginia

Virginia publishes an official form for the small estate affidavit (payment or delivery of small asset by affidavit) — CC-1685 Small Estate Affidavit — and the successor completes it; the statute requires the official form. The completed affidavit collects the decedent's property without opening probate.

Eligibility runs on the numbers: the estate qualifies when its value does not exceed $75,000, per Va. Code §§ 64.2-600 to 64.2-603. The affidavit can be signed 60 days after the death.

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Frequently Asked Questions About Virginia Small Estate Affidavits

Yes — CC-1685 Small Estate Affidavit, and its use is required. This tool completes the official form with the estate, successor, and property details.

$75,000, per Va. Code §§ 64.2-600 to 64.2-603. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

60 days after the death (Va. Code §§ 64.2-600 to 64.2-603). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

The Virginia affidavit is signed before a notary (Va. Code § 64.2-601(A) (affidavit); Form CC-1685 jurat (clerk, deputy clerk, or notary public)).

Small Estate Collection in Virginia

Eligibility runs on the numbers: the estate qualifies when its value does not exceed $75,000, per Va. Code §§ 64.2-600 to 64.2-603. The affidavit can be signed 60 days after the death.

Free Virginia Small Estate Affidavit

Your Information

Frequently Asked Questions About Virginia Small Estate Affidavits