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In general, following the death of a decedent, a Personal Representative needs to contact the Probate Division of the Circuit Court Clerk's office in the county or city where the decedent (i) had a known place of residence; (ii) if no known place of residence, then where he or she owned real estate; or (iii) if no real ...
§ 64.2-600. "Small asset" means any indebtedness owed to or any asset belonging or presently distributable to the decedent, other than real property, having a value, on the date of the decedent's death, of no more than $50,000.
A Virginia small estate affidavit may expedite a probate process for an estate worth less than $50,000 (excluding real estate). The form may not be used until at least 60 days have passed since the decedent's death date.
In Virginia, an estate will need to be probated when a person dies with property valued at more than $50,000. So, to avoid probate, you must either have a very small estate or take steps to ensure that your assets transfer automatically to beneficiaries.
An affidavit must be made voluntarily by the affiant or deponent to be valid. It must also be made under oath or affirmation administered by a person authorized to do so by law. In addition, the affidavit must contain the following information: The name, address, and telephone number of the affiant or deponent.
What's Included in A Small Estate Affidavit? Provide the name of the person who died and the date of the death. State that the value of the assets in the estate is less than $50,000. State that at least 60 days have passed since the death. State that no application to appoint a personal representative has been granted.
Any person who seeks to prove that he has a debt or demand against the decedent or the decedent's estate shall file his claim in writing with the commissioner of accounts, who shall endorse upon it the date of the filing and sign the endorsement in his official character.
What does a Real Estate Affidavit do in Virginia? Pursuant to § 64.2-510 When a person dies intestate (without a will), the real estate affidavit may be utilized to transfer real estate to a decedent's heirs at law as codified in VA Code § 64.2-200.
Fairfax County Probate Court Records The Probate Division can be contacted at (703) 246-4153 or visited at the Fairfax County Courthouse, 4110 Chain Bridge Road, Suite 401 in the City of Fairfax. For historical records spanning from 1742 to the early 1900s, please get in touch with the Historic Records Center.