Yes, a notary is required.
Every successor's signature must be notarized.
In the official wording
"Each successor's signature must be notarized."
From the official pages listed below, checked November 2026.
What else the signing needs
- Value limit
- The entire personal probate estate, wherever located, worth no more than $75,000 at the date of death (section most recently amended by 2026 Acts, c. 40).
"does not exceed $75,000"
- Waiting period
- At least 60 days after the death.
"That at least 60 days have elapsed since the decedent's death"
- Where it goes
- Presented to whoever holds the asset; the statute doesn't require a court filing.
- Official form
- CC-1685, Small Estate Affidavit. Prepared by the Office of the Executive Secretary of the Supreme Court of Virginia and signed by all known successors. Open the official form
- Other simplified route
- Payment of a small asset of $35,000 or less without affidavit (64.2-602). A holder may pay a small asset of $35,000 or less to a successor without the affidavit, once 60 days have passed and no personal representative is sought.
Next step
Sign by video with our New Jersey notary while you're in Virginia, 7 AM to 9 PM Eastern, seven days a week, by appointment. New Jersey law lets a New Jersey notary notarize for a signer located in another state (N.J.S.A. 52:7-10.10). How Virginia treats it: Virginia recognizes notarial acts from other states on paper or electronic documents (Va. Code §47.1-13.1). More on Virginia signers.
Ask the bank, holder or court that will receive the affidavit whether it accepts an electronically notarized one.
Book an online notarization Request a mobile notary in Virginia
In person, we look for a notary commissioned in Virginia near you; you approve the price first.
If a local notary in Virginia does it: Acknowledgment, oath, affidavit certification or true-copy certification (statutory maximum), $10, under the state's fee rules (Virginia notary fees).
Official sources
- Va. Code 64.2-601, Payment or delivery of small asset by affidavit (Virginia Law) (checked November 2026)
- Supreme Court of Virginia form CC-1685, Small Estate Affidavit, instructions (rev. 07/26) (checked November 2026)
- Code of Virginia, Title 64.2, Chapter 6, Article 1, Virginia Small Estate Act (Virginia Law) (checked November 2026)
We are not lawyers, and this is general information, not legal advice. Checked November 2026. Rules change, and whoever receives the document decides what it accepts; we can't guarantee acceptance.
Common questions
Is a notary required for a Virginia small estate affidavit?
Yes, a notary is required. Every successor's signature must be notarized.
What is the small estate limit in Virginia?
The entire personal probate estate, wherever located, worth no more than $75,000 at the date of death (section most recently amended by 2026 Acts, c. 40).
How long after a death can the Virginia affidavit be used?
At least 60 days after the death.
Is the Virginia affidavit filed with a court?
Presented to whoever holds the asset; the statute doesn't require a court filing.
Can I sign the Virginia affidavit with an online notary?
Our New Jersey notary can notarize it by video while you're in Virginia. Virginia recognizes notarial acts from other states on paper or electronic documents (Va. Code §47.1-13.1). Ask the bank, holder or court that will receive it whether it accepts an electronically notarized affidavit.
What does a notary charge in Virginia?
Up to $10 for paper acknowledgments, oaths and certifications, under the state's fee rules. A mobile notary may add a travel fee; ask for the total first.
Keep going
A small estate affidavit in another state: Utah · Wyoming · every state