--- title: "Does a Small Estate Affidavit Need a Notary in Virginia?" description: "Virginia small estate affidavit: yes, a notary is required. Every successor's signature must be notarized. With the official source and the next step." url: "https://mcc-solutionsnj.com/notary/does-it-need-a-notary/small-estate-affidavit-virginia" --- Does it need a notary? · Virginia # Does a small estate affidavit need a notary in Virginia? The answer from the state's own pages, what else a small estate affidavit needs to be signed properly here, and how to get it done. ✓ New Jersey commissioned notary, no. 50244803, insured for errors and omissions. [See the credentials](/about/credentials) Yes, a notary is required. Every successor's signature must be notarized. ## In the source's wording "Each successor's signature must be notarized." From the sources 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). Real estate isn't part of the personal probate estate: the small estate process can't be used to collect real estate, which passes to heirs by recording the will or, without a will, a real estate affidavit (form CC-1612) with the circuit court. "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](https://www.vacourts.gov/static/forms/circuit/cc1685inst.pdf) 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](https://pub.njleg.gov/bills/2020/PL21/179_.HTM)). 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](/notary/online-notary/virginia). Handling an estate from far away? [Estate paperwork help near where the estate is](/notary/estate-paperwork-help-out-of-state). Ask the bank, holder or court that will receive the affidavit whether it accepts an electronically notarized one. [Notarize it online ($50 per session)](/notary/#order) [Request a mobile notary in Virginia](/notary/mobile-notary-outside-new-jersey?state=Virginia#request) Booking sends a request; we confirm the time and the price before you pay. 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](/notary/fees-by-state/virginia)). ## Get it notarized online today Online notary: open now until 9 PM ET · sessions by appointment · times confirmed by email A New Jersey notary can notarize this with you on a video call, wherever you are in the U.S. $50 for the session, $10 for each extra signer. Any other fee shows in the booking form before you confirm. Open 7 am to 9 pm ET, every day, by appointment. **What you need** - A valid government photo ID - A computer or phone with a camera - The unsigned document [Book an online session](/notary/?service=ron#order) Our certificate states the act was performed using communication technology, as New Jersey law requires. [What it must say](/notary/remote-online-notarization-certificate-wording) Most U.S. recipients accept a remotely notarized document; check with whoever will receive it. [What to ask them](/notary/will-my-online-notarization-be-accepted) · [Several signers](/notary/online-notarization-multiple-signers) ## Sources - [Va. Code 64.2-601, Payment or delivery of small asset by affidavit (Virginia Law)](https://law.lis.virginia.gov/vacode/title64.2/chapter6/section64.2-601/) (checked November 2026) - [Supreme Court of Virginia form CC-1685, Small Estate Affidavit, instructions (rev. 07/26)](https://www.vacourts.gov/static/forms/circuit/cc1685inst.pdf) (checked November 2026) - [Code of Virginia, Title 64.2, Chapter 6, Article 1, Virginia Small Estate Act (Virginia Law)](https://law.lis.virginia.gov/vacodefull/title64.2/chapter6/article1/) (checked November 2026) - [Nolo (secondary source): Probate Shortcuts in Virginia (Nolo)](https://www.nolo.com/legal-encyclopedia/virginia-probate-shortcuts-32176.html) (checked November 2026) Sourced from official pages; a few facts from vetted secondary sources, marked "(secondary source)". 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). Real estate isn't part of the personal probate estate: the small estate process can't be used to collect real estate, which passes to heirs by recording the will or, without a will, a real estate affidavit (form CC-1612) with the circuit court. **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 - [Eligibility checker](/notary/small-estate-eligibility-checker?state=va) - [Small estate rules in every state](/notary/small-estate-affidavit-by-state) - [A power of attorney in Virginia](/notary/does-it-need-a-notary/power-of-attorney-virginia) - [A will in Virginia](/notary/does-it-need-a-notary/will-virginia) A small estate affidavit in another state: [Utah](/notary/does-it-need-a-notary/small-estate-affidavit-utah) · [Washington](/notary/does-it-need-a-notary/small-estate-affidavit-washington) · [every state](/notary/does-it-need-a-notary?doc=small-estate-affidavit) ## Ready to sign? Book a video session. [Book an online notarization](/notary/#order)[Call (908) 444-6373](tel:+19084446373)