Under Virginia law, if the entire value of the decedent's personal assets does not total more than $50,000, sixty (60) days have passed since the date of death, and no Personal Representative or Executor has qualified in any jurisdiction, a Small Estate Affidavit may be used by the heirs-at-law when there is no Will, or to the beneficiaries of a Will, once the Will and/or the List of Heirs at Law has been recorded.  This allows the transfer of assets in the decedent's estate without the necessity of qualifying a Personal Representative or Executor.  An appointment with the probate department is necessary for this procedure.  A certified copy of the death certificate is also required. (Virginia Code Section 64.1-132.1 et seq.).

The probate department does not issue a Small Estate Affidavit.  A Small Estate Affidavit must include the required information under oath pursuant to Virginia Code Section 64.1-132.1 et seq. If you need help with the Small Estate Affidavit you should contact a local attorney.