Detailed Answer

Short answer: In Virginia, you can use a small-estate affidavit to collect or distribute a decedent’s personal property without full probate only if the estate meets the statutory requirements. To submit an affidavit accounting for personal property you must confirm you qualify under Virginia law, prepare an itemized affidavit that describes the personal property and its value, attach required documents (like a death certificate), sign the affidavit under oath or notarize it, and present it to the person or institution holding the property and to the clerk of the circuit court when required.

Who may use a small-estate affidavit in Virginia?

Virginia provides a streamlined procedure for certain small personal-property estates. The affidavit procedure is intended for persons entitled to receive the decedent’s personal property (for example, a surviving spouse, next of kin, or beneficiary) when the estate meets the statutory eligibility rules. The law that governs small-estate procedures is in Title 64.2 of the Code of Virginia. See Va. Code § 64.2-640 et seq.: https://law.lis.virginia.gov/vacode/title64.2/.

Step-by-step: How to prepare and submit an affidavit accounting for personal property

1. Confirm you qualify. Verify the estate qualifies as a small estate under Virginia law (review the applicable Code sections and confirm elements such as the types of assets and whether a personal representative has already been appointed). If the estate has a previously-appointed personal representative or the estate includes assets that cannot be handled by affidavit (for example, many interests in real estate or certain titled property), full probate will likely be required.
2. Identify the people entitled to the property. Determine who is legally entitled to the decedent’s personal property (surviving spouse, children, other heirs, or beneficiaries named in a will). The affidavit must be signed by or on behalf of a person with legal authority to claim the property.
3. Inventory the personal property. Make a clear, itemized list of the personal property you intend to collect or distribute. For each item include a description, location, and a reasonable estimate of value. Typical items include bank accounts (if payable on death), household goods, personal effects, and small accounts receivable. Note that certain assets (real estate, many motor vehicles, or assets with beneficiary designations) may require different procedures.
4. Gather supporting documents. Common attachments: a certified copy of the decedent’s death certificate, any available will (or a statement that no will exists), proof of your identity and relationship to the decedent, account statements or title documents if available, and documentation of the values you list.
5. Complete the affidavit form. Draft or complete the affidavit. The affidavit should include: identity of the decedent; date and place of death; a statement that no personal representative has been appointed; a listing of the personal property and values; the affiant’s relationship and right to claim the property; a statement that the value and statements are true to the best of the affiant’s knowledge; and a jurat or notary block. Some clerk offices provide a recommended form or sample; check with the circuit court clerk.
6. Swear or notarize the affidavit. Sign the affidavit in front of a notary public or other officer authorized to administer oaths. The affidavit must be sworn to be effective.
7. File or present the affidavit. Present the affidavit to the person or institution holding the property (for example, a bank or a life-insurance company) and to the circuit court clerk when the clerk’s acknowledgment or filing is needed. Banks and other payors normally require the affidavit, a certified death certificate, and acceptable ID before releasing funds. Some entities will insist on a clerk-certified copy or a specific waiting period—check with the clerk or the holder of the asset in advance.
8. Keep records and distribute carefully. Keep originals and certified copies of the affidavit, receipts, and any written acknowledgments of payment or transfer. Distribute assets according to the terms of the affidavit and Virginia succession rules; do not release funds or property to anyone whose claim is unclear without legal advice.

Practical checklist

• Check Virginia statute provisions relating to small estates: see Title 64.2 of the Code of Virginia (https://law.lis.virginia.gov/vacode/title64.2/).
• Obtain certified death certificate(s).
• Make an inventory and reasonable valuation of personal property.
• Collect a copy of the will (if any) or a statement that none exists.
• Find out whether the entity holding the asset has a required form or additional requirements.
• Have the affidavit notarized or sworn before an authorized officer.
• File or present the affidavit to the holder of the asset and the circuit court clerk (as required).

When to contact the circuit court clerk or an attorney

Contact the circuit court clerk in the county where the decedent lived early in the process for local procedures and any clerk-provided forms. If the estate includes real estate, title issues, disputes among heirs, unclear beneficiary designations, or creditors that may require administration, consult an attorney experienced in probate and estate administration. If someone contests the affidavit, or if assets exceed what the affidavit can cover, formal probate and appointment of a personal representative may be necessary.

Common pitfalls to avoid

• Assuming every asset can be collected with an affidavit — some assets (real property, certain account types, or jointly held property) follow different rules.
• Failing to notarize or properly swear the affidavit.
• Giving out or distributing assets before confirming you have a clear legal right to do so.
• Understating or failing to list items and values — transparency in the inventory avoids later disputes.

Helpful Hints

• Call the circuit court clerk’s office first. Clerks can often tell you whether a small-estate affidavit is appropriate and whether they have a sample form.
• Request several certified copies of the death certificate—many banks and agencies require originals or certified copies.
• Gather account numbers, last statements, and contact information for banks, insurers, and other holders before preparing the affidavit.
• If the decedent had a will, include a copy and note whether the will names a personal representative. If a personal representative is already appointed, an affidavit may not be acceptable.
• Be prepared to provide identification and proof of your relationship to the decedent (marriage certificate, birth certificate, etc.).
• When in doubt about eligibility, contested heirs, or creditor claims, consult an attorney — an early legal check can prevent costly mistakes.

Disclaimer: This article is informational only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, contact a licensed Virginia attorney.