Virginia Affidavit of Age

State:
Multi-State
Control #:
US-OG-176
Format:
Word; 
Rich Text
Instant download

Description

An affidavit is statement of facts which is sworn to (or affirmed) before an officer who has authority to administer an oath (e.g. a notary public). This form is used for the purpose of declaring the age of an individual.

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Affidavit

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FAQ

The appointment of an executor or administrator is not always required. If such is the situation, no formal administration is necessary. This is usually true where the estate is a small asset estate, personal property having value on the date of death of no more than $50,000.00.

The Clerk should also hand you a form called the ?affidavit of notice? (Form CC-1617). In this form, you will describe how you complied with the requirement to send notices to the heirs and beneficiaries of the estate. In certain situations, you will instead state that you were not required to send any notices.

Hear this out loud PauseReal Estate Affidavit for Intestate Estates This affidavit can be used to transfer title of the real estate to the heirs. The person filing the affidavit need not be the personal representative of the estate.

The small estate affidavit itself does not have to be filed with the court if the signatures have been notarized. If signatures have not been notarized, then the affidavit has to be filed with the court.

Hear this out loud PauseUnder Virginia law, a ?small estate? is an estate with assets belonging to the decedent, or presently distributable to them, that have a value at death of $50,000 or less.

A Virginia small estate affidavit, known formally as the Virginia Small Estate Act Affidavit, may be used to expedite a probate process for an estate worth less than $50,000 (excluding real estate). The form may not be used until at least sixty (60) days have passed since the date of death of the decedent.

Hear this out loud PauseWhile 64.2-601 (the Small Estate Affidavit) considers the total value of the probate estate, 64.2-602 looks at the value of each asset comprising the probate estate. If an individual asset is worth less than $25,000, an heir can access it without a Small Estate Affidavit and without formal probate proceedings.

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.

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Virginia Affidavit of Age