Settlement Against Estate With Partition In Fairfax
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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.
§ 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.
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.
The Virginia Small Estate Affidavit is a legal document used for managing estates valued at $50,000 or less. It expedites the distribution of small estates and allows direct transition of assets without formal probate.
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.
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 ...
