Virginia executor and estate paperwork checklist

This is an organizer, not legal advice. An estate attorney or the county probate/surrogate office answers questions about your situation.

The first 30 days

General steps in plain words. Tick them off as you go; the ticks stay on this screen only.

1. Order certified death certificatesThrough the funeral director or the vital records office. Order several: banks, insurers, pension plans and the court may each want one.
2. Confirm the death was reported to Social SecurityUsually the funeral home does this. If it didn't, phone 1-800-772-1213 (TTY 1-800-325-0778); a widow or widower, or certain children, may qualify for $255.
3. Locate the signed will and any changesThe signed original matters more than a copy. Keep it whole and somewhere safe, and note who else has a copy.
4. Check the will for a self-proving affidavitLook for a notarized statement by the witnesses attached to the will; this state allows one (see below).
5. Keep the house and vehicles safeTell the insurer about the death so coverage stays in place, take photos of what's inside, and redirect the mail.
6. Pause before paying creditors or dividing keepsakesWho may act, and in what order bills get paid, depends on the route. Ask before you spend or distribute anything.
7. Stop using the person's power of attorneyA power of attorney ends at the principal's death, so an agent under it can't act for the estate.
8. Start an inventoryEvery account, property, vehicle and debt, with how each is held. Beneficiary and joint accounts usually pass directly, not through the estate.
9. Check the total against $75,000The official page's small estate figure. Leave out anything the page says isn't counted.
10. Count 60 days from the deathThat's when the official page says the small estate paperwork can be used.
11. Start the estate ledgerRecord every dollar in and out with a receipt: funeral costs, bills paid, money collected.
12. Once you have authority: EIN and an estate accountThe IRS says you need an EIN before filing the estate's Form 1041, which is due if the estate has more than $600 of gross income in a year.

Sources for the federal steps: Social Security Administration: When someone dies · IRS: Deceased taxpayers, filing the estate income tax return (Form 1041) · power of attorney: Power of attorney at a real estate closing.

The small estate route

• ConfirmedSmall estate 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"

  Source: Va. Code 64.2-601, Payment or delivery of small asset by affidavit (Virginia Law), checked November 2026

• Not confirmedReal estate

  Not confirmed — check Va. Code 64.2-601, Payment or delivery of small asset by affidavit (Virginia Law).

• ConfirmedWaiting period after the death

  60 days. At least 60 days after the death.

  "That at least 60 days have elapsed since the decedent's death"

  Source: Va. Code 64.2-601, Payment or delivery of small asset by affidavit (Virginia Law), checked November 2026

• ConfirmedNotary or oath

  Signed before a notary. Every successor's signature must be notarized.

  "Each successor's signature must be notarized."

  Source: Va. Code 64.2-601, Payment or delivery of small asset by affidavit (Virginia Law), checked November 2026

• ConfirmedWhere the paperwork goes

  Handed to the bank or other holder. Presented to whoever holds the asset; the statute doesn't require a court filing.

  Source: Va. Code 64.2-601, Payment or delivery of small asset by affidavit (Virginia Law), checked November 2026

• ConfirmedOfficial 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.

  Source: Supreme Court of Virginia form CC-1685, Small Estate Affidavit, instructions (rev. 07/26), checked November 2026

• ConfirmedSimplified court procedure

  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.

  Source: Va. Code 64.2-601, Payment or delivery of small asset by affidavit (Virginia Law), checked November 2026

• ConfirmedWorth knowing

  The affidavit must be made by all known successors on the Supreme Court's form. We didn't find the pre-2026 figure on an official page, so no limit by date of death is shown.

  Source: Va. Code 64.2-601, Payment or delivery of small asset by affidavit (Virginia Law), checked November 2026

The will at probate

When the will goes to the court, these signing rules are what it is checked against.

• ConfirmedWitnesses the will needed

  Two witnesses who are present at the same time, for any will not wholly in the testator's handwriting.

  "in the presence of at least two competent witnesses who are present at the same time"

  Source: Code of Virginia Title 64.2, Chapter 4, Wills, checked November 2026

• ConfirmedSelf-proving affidavit

  Allowed, before an officer authorized to administer oaths under Virginia law.

  "before an officer authorized to administer oaths under the laws of the Commonwealth"

  Source: Code of Virginia Title 64.2, Chapter 4, Wills, checked November 2026

• ConfirmedIf the will is handwritten

  Recognized if wholly in the testator's handwriting and signed. At probate, two disinterested witnesses must prove the handwriting.

  "is proved by at least two disinterested witnesses"

  Source: Code of Virginia Title 64.2, Chapter 4, Wills, checked November 2026

• Not confirmedA witness who inherits

  Not confirmed — check Code of Virginia Title 64.2, Chapter 4, Wills.

Documents to gather

• Vehicle titles and registrations
• Recent bank, brokerage and retirement statements
• Life insurance policies and annuities
• The last few years of tax returns
• Recent bills, loan and credit card statements
• Pension, Social Security and benefit letters
• Safe deposit box location and keys
• Certified death certificates
• The original will and any codicils
• Deeds and mortgage statements
• The official small estate form: CC-1685, Small Estate Affidavit

Who to notify

Banks and credit unions, Brokerage and retirement accounts, Life insurance companies, Utilities and phone, Landlord or mortgage servicer, Credit card companies, Pension or employer, Social Security (if the funeral home hasn't). Write once to each, enclose a death certificate copy, and record the reply.

Documents needed abroad

• ConfirmedA death certificate needed abroad

  Apostilles for this state's documents come from the Secretary of the Commonwealth, Authentication Division. $10 per document (not per page).

  Source: Secretary of the Commonwealth, Authentication Division, checked November 2026

Where to ask

An estate attorney or the county probate/surrogate office answers questions about your situation. Official pages for Virginia:

• Supreme Court of Virginia form CC-1685, Small Estate Affidavit, instructions (rev. 07/26)

Still to confirm

• Real estate: check Va. Code 64.2-601, Payment or delivery of small asset by affidavit (Virginia Law)
• A witness who inherits: check Code of Virginia Title 64.2, Chapter 4, Wills

General information, not legal, tax or financial advice. We are not lawyers, and MCC Solutions is not a law firm. An estate attorney or the county probate/surrogate office answers questions about your situation. Facts checked November 2026.

Common questions

Related: Executor guide by state · Estate paperwork help