Virginia small estate act affidavit 2015 form-2026

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  1. Click ‘Get Form’ to open the Virginia Small Estate Act Affidavit in the editor.
  2. Begin by filling in the name of the Decedent and the date of death in the designated fields. Ensure accuracy as this information is crucial for processing.
  3. Identify and describe the small asset, selecting from options like bank accounts or tangible personal property. Provide any additional details required by the recipient.
  4. Confirm that the total value of the Decedent’s estate does not exceed $50,000 and that at least 60 days have passed since their death.
  5. Indicate if a personal representative has been appointed and check all applicable boxes regarding your entitlement as a Successor.
  6. List all known Successors' names and addresses, ensuring completeness for legal clarity.
  7. Designate one or more successors to receive payment on behalf of all successors, detailing their responsibilities.
  8. Finally, ensure all Successors sign the affidavit before a notary public to validate it legally.

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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 decedents death, of no more than $50,000.
Discharge and release of payor. Any person paying or delivering a small asset pursuant to 64.2-601 or 64.2-602 is discharged and released to the same extent as if that person dealt with the personal representative of the decedent.
Upon the presentation of an affidavit as provided in subsection A, the designated successor may endorse or negotiate any small asset that is a check, draft, or other negotiable instrument that is payable to the decedent or the decedents estate.

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People also ask

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.
Will It Work for Me or My Loved Ones Estate? The person using a Virginia Small Estate Affidavit must be an heir at law ing to Virginia law. Heirs must wait 60 days after death before presenting this form. The estate must contain less than $50K in personal property.
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.
Determine Whether a Will Exists. Under Virginia Code 64.2-601, a will must be admitted to probate, even if it pertains to a small estate. Prepare Affidavit. Download the Virginia Small Estate Act Affidavit and fill it out. Get Affidavit docHubd. Sign the affidavit before a notary public. Collect the Assets.
While 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.

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