Virginia small estate affidavit: limits & how it works
Virginia's small-estate affidavit allows a beneficiary to collect personal property without full probate when the estate is $50,000 or less.
VA small-estate limit
$50,000
- Small-estate affidavit available 60 days after death for estates under $50,000.
- The affidavit is presented directly to the institution holding the assets — no court case required.
- Real property in the decedent's name alone generally still requires probate.
- Kindred can prepare the small-estate affidavit or run the full probate if the estate exceeds the limit.
Common questions
Do I need a lawyer for probate in Virginia?
Not strictly — Virginia does not require an attorney for an ordinary, uncontested estate, and the Clerk of the Circuit Court assists with probate. Kindred handles the administrative work for a flat fee. If a dispute arises, we flag it so you can bring in an attorney of your choosing. Kindred is not a law firm.
How much does probate cost in Virginia?
No statutory percentage fee — attorneys typically bill $250-$400/hour or a flat fee. Clerk's fees are based on estate value, plus a state probate tax. Estates under $50,000 can use a small-estate affidavit. These are illustrative figures.
How long does probate take in Virginia?
Typically 8 to 14 months. Creditors have 6 months from qualification to file claims. An inventory is due to the Commissioner of Accounts within 4 months.
Last verified July 2026. Figures are illustrative and vary by estate — not a quote or legal advice. Kindred is not a law firm and does not provide legal advice; we handle the administrative work and coordinate an independent attorney where one is legally required.
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