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Commonly Asked Questions about US Legal Forms for Small Estates

You may be able to use a Small Estate Affidavit to have the property transferred to you. You give this Affidavit to the person, company, or financial institution (such as a bank) that has the property so that they can legally transfer it to your name.
This form is sent to each person named in another form the Executor or Administrator of an Estate is required to file -- the List of Heirs. It is a form that the executor or administrator of an estate must send to everyone who would stand to receive a share of an estate under Virginia law if there had been no will.
Under Virginia Code Section 64.2-601, when the total estate does not exceed $50,000.00, a successor in interest, usually an heir-at-law or a beneficiary of the Will, can collect and distribute the assets without having to go through the full probate process.
To file the affidavit, you must be either the executor of the decedents will if there is one, or someone who would inherit through Illinois state intestacy laws if there is no will.
Virginia law says a small estate affidavit has to: 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.
If there is no will, no appointment is necessary and nothing has to be filed with the court and there are no costs or taxes to be paid to the court as well. Once the Small Estate Affidavit has been signed, you will present the Small Estate Affidavit to the person or business in possession of the small asset.
If someone dies and their combined assets qualify as a small estate, an heir can use the Virginia Small Estate Affidavit to administer the estate (administering someones estate means distributing their assets as they directed through their estate plan, or distributing their assets ing to state law if they do not
You must be a successor, as that term is defined in the small estate affidavit statute. You are a successor if you are entitled to the asset in question under the will of the decedent or under Washingtons law of intestate succession (RCW 11.04.