Detailed Answer
Under Virginia Code §64.2-612 (Small Estate Affidavit), close relatives or other qualified individuals may collect certain estate assets without formal probate when the total value of tangible personal property (excluding liens and exempt property) does not exceed $50,000. To complete and execute a small estate affidavit, you generally need the following documents:
- Certified Death Certificate: Obtain a certified copy of the decedent’s death certificate from the registrar of vital records or local health department.
- Completed Small Estate Affidavit: Prepare the affidavit form in compliance with Va. Code §64.2-612. The affidavit must include the decedent’s name, date of death, a statement that no probate administration is pending, and a description and value of each asset claimed. (See full statute: Va. Code §64.2-612.)
- Proof of Relationship or Authority: Provide documents establishing your status as a surviving spouse, child, or other entitled person (e.g., birth or marriage certificate) or proof of appointment as personal representative if applicable.
- Asset Documentation: Gather statements or certificates showing ownership of each asset—bank or brokerage account statements, vehicle titles, safe-deposit box inventory, and similar records.
- Affiant Identification: Present a government-issued photo ID (driver’s license or passport) to verify your identity when notarizing the affidavit.
- Copy of the Will (If Any): If the decedent left a will, include a copy so third parties can verify rightful distributees, even though probate is not required.
Once you’ve assembled these documents, sign the affidavit in the presence of a notary public. Provide the notarized affidavit and supporting documents to the custodian of each asset (bank, DMV, etc.) to request transfer or release of the property.
Helpful Hints
- Confirm the total value of personal property does not exceed $50,000 (Va. Code §64.2-612).
- Use the official court form if available to avoid formatting issues.
- Contact each institution holding assets to learn about any additional requirements.
- File the affidavit soon after the death to prevent penalties or creditor claims.
- Keep certified copies of all paperwork; institutions may refuse photocopies.
- Consult an attorney if the estate holds real property or if disputes arise.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney in Virginia for guidance tailored to your situation.