{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-601.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-601.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-601.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-601.html"}],"law_id":57425,"edition_id":1,"section_id":57425,"structure_id":12971,"section_number":"64.2-601","catch_line":"Payment or delivery of small asset by affidavit","history":"1981, c. 281, \u00a7 64.1-132.2; 1996, c. 549; 2001, c. 368; 2006, c. 280; 2010, c. 269; 2012, c. 614; 2013, c. 68; 2015, c. 617; 2019, c. 360; 2025, c. 148.","full_text":"A\n\nAny person having possession of a small asset shall pay or deliver the small asset to the designated successor of the decedent upon being presented an affidavit made by all of the known successors stating:1\n\nThat the value of the decedent’s entire personal probate estate as of the date of the decedent’s death, wherever located, does not exceed $75,000;2\n\nThat at least 60 days have elapsed since the decedent’s death;3\n\nThat no application for the appointment of a personal representative is pending or has been granted in any jurisdiction;4\n\nThat the decedent’s will, if any, was duly probated;5\n\nThat the claiming successor is entitled to payment or delivery of the small asset, and the basis upon which such entitlement is claimed;6\n\nThe names and addresses of all successors, to the extent known;7\n\nThe name of each successor designated to receive payment or delivery of the small asset on behalf of all successors; and8\n\nThat the designated successor shall have a fiduciary duty to safeguard and promptly pay or deliver the small asset as required by the laws of the Commonwealth.B\n\nThe designated successor may discharge his fiduciary duty to promptly pay or deliver the small asset to a successor who is, or is reasonably believed to be, incapacitated or under a legal disability, by paying or delivering the asset directly to the incapacitated or disabled successor or applying it for such successor’s benefit, or by:1\n\nPaying it to such successor’s conservator or, if no conservator exists, guardian;2\n\nPaying it to such successor’s custodian under the Virginia Uniform Transfers to Minors Act (§ 64.2-1900 et seq.) or custodial trustee under the Uniform Custodial Trust Act (§ 64.2-900 et seq.), and, for that purpose, creating a custodianship or custodial trust;3\n\nIf the designated successor does not know of a conservator, guardian, custodian, or custodial trustee, paying it to an adult relative or other person having legal or physical care or custody of such successor to be expended on such successor’s behalf; or4\n\nManaging it as a separate fund on such successor’s behalf, subject to such successor’s continuing right to withdraw the asset.C\n\nAny successor may be represented and bound under virtual representation provisions of §§ 64.2-714, 64.2-716, and 64.2-717 with respect to affidavits required and designations of persons to receive payment or delivery of a small asset under this article.D\n\nA transfer agent of any security, upon the surrender of the certificates, if any, evidencing the security, shall change the registered ownership on the books of a corporation from the decedent to the designated successor upon the presentation of an affidavit as provided in subsection A.E\n\nUpon 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 decedent’s estate. Notwithstanding the provisions of §§ 8.3A-403, 8.3A-417, and 8.3A-420, a financial institution accepting such check, draft, or other negotiable instrument presented for deposit in such manner is discharged from all claims for the amount accepted.","order_by":null,"text":{"0":{"id":210423,"text":"Any person having possession of a small asset shall pay or deliver the small asset to the designated successor of the decedent upon being presented an affidavit made by all of the known successors stating:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":210424,"text":"That the value of the decedent’s entire personal probate estate as of the date of the decedent’s death, wherever located, does not exceed $75,000;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":210425,"text":"That at least 60 days have elapsed since the decedent’s death;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":210426,"text":"That no application for the appointment of a personal representative is pending or has been granted in any jurisdiction;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":210427,"text":"That the decedent’s will, if any, was duly probated;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":210428,"text":"That the claiming successor is entitled to payment or delivery of the small asset, and the basis upon which such entitlement is claimed;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":210429,"text":"The names and addresses of all successors, to the extent known;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":210430,"text":"The name of each successor designated to receive payment or delivery of the small asset on behalf of all successors; and","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":210431,"text":"That the designated successor shall have a fiduciary duty to safeguard and promptly pay or deliver the small asset as required by the laws of the Commonwealth.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"B"},"9":{"id":210432,"text":"The designated successor may discharge his fiduciary duty to promptly pay or deliver the small asset to a successor who is, or is reasonably believed to be, incapacitated or under a legal disability, by paying or delivering the asset directly to the incapacitated or disabled successor or applying it for such successor’s benefit, or by:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A8","next_prefix":"B1"},"10":{"id":210433,"text":"Paying it to such successor’s conservator or, if no conservator exists, guardian;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"11":{"id":210434,"text":"Paying it to such successor’s custodian under the Virginia Uniform Transfers to Minors Act (§ 64.2-1900 et seq.) or custodial trustee under the Uniform Custodial Trust Act (§ 64.2-900 et seq.), and, for that purpose, creating a custodianship or custodial trust;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"12":{"id":210435,"text":"If the designated successor does not know of a conservator, guardian, custodian, or custodial trustee, paying it to an adult relative or other person having legal or physical care or custody of such successor to be expended on such successor’s behalf; or","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"13":{"id":210436,"text":"Managing it as a separate fund on such successor’s behalf, subject to such successor’s continuing right to withdraw the asset.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"14":{"id":210437,"text":"Any successor may be represented and bound under virtual representation provisions of §§ 64.2-714, 64.2-716, and 64.2-717 with respect to affidavits required and designations of persons to receive payment or delivery of a small asset under this article.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"15":{"id":210438,"text":"A transfer agent of any security, upon the surrender of the certificates, if any, evidencing the security, shall change the registered ownership on the books of a corporation from the decedent to the designated successor upon the presentation of an affidavit as provided in subsection A.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"16":{"id":210439,"text":"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 decedent’s estate. Notwithstanding the provisions of §§ 8.3A-403, 8.3A-417, and 8.3A-420, a financial institution accepting such check, draft, or other negotiable instrument presented for deposit in such manner is discharged from all claims for the amount accepted.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":12971,"edition_id":1,"name":"Virginia Small Estate Act","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12970,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":273645,"object_type":"structure","relational_id":12971,"identifier":"1","token":"64.2\/II\/6\/1","url":"\/64.2\/II\/6\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12970,"edition_id":1,"name":"Transfers Without Qualification","identifier":"6","label":"chapter","depth":3,"order_by":1,"parent_id":12863,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":273643,"object_type":"structure","relational_id":12970,"identifier":"6","token":"64.2\/II\/6","url":"\/64.2\/II\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12863,"edition_id":1,"name":"Wills and Decedents' Estates","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":272911,"object_type":"structure","relational_id":12863,"identifier":"II","token":"64.2\/II","url":"\/64.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55234,"structure_id":12971,"section_number":"64.2-600","catch_line":"Definitions","url":"\/64.2-600\/","token":"64.2\/II\/6\/1\/64.2-600","metadata":false},{"id":57425,"structure_id":12971,"section_number":"64.2-601","catch_line":"Payment or delivery of small asset by affidavit","url":"\/64.2-601\/","token":"64.2\/II\/6\/1\/64.2-601","metadata":false},{"id":70982,"structure_id":12971,"section_number":"64.2-602","catch_line":"Payment or delivery of small asset valued at $35,000 or less without affidavit","url":"\/64.2-602\/","token":"64.2\/II\/6\/1\/64.2-602","metadata":false},{"id":54060,"structure_id":12971,"section_number":"64.2-603","catch_line":"Discharge and release of payor","url":"\/64.2-603\/","token":"64.2\/II\/6\/1\/64.2-603","metadata":false},{"id":69376,"structure_id":12971,"section_number":"64.2-604","catch_line":"Payment or delivery of small asset; funeral expenses and disposition","url":"\/64.2-604\/","token":"64.2\/II\/6\/1\/64.2-604","metadata":false},{"id":72217,"structure_id":12971,"section_number":"64.2-605","catch_line":"Construction of article","url":"\/64.2-605\/","token":"64.2\/II\/6\/1\/64.2-605","metadata":false}],"previous_section":{"id":55234,"structure_id":12971,"section_number":"64.2-600","catch_line":"Definitions","url":"\/64.2-600\/","token":"64.2\/II\/6\/1\/64.2-600","metadata":false},"next_section":{"id":70982,"structure_id":12971,"section_number":"64.2-602","catch_line":"Payment or delivery of small asset valued at $35,000 or less without affidavit","url":"\/64.2-602\/","token":"64.2\/II\/6\/1\/64.2-602","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-601\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 281 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1981 \u201cActs\u201d aren\u2019t available online. It has been modified 9 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1996, chapter 549<\/a>; in 2001, chapter 368<\/a>; in 2006, chapter 280<\/a>; in 2010, chapter 269<\/a>; in 2012, chapter 614<\/a>; in 2013, chapter 68<\/a>; in 2015, chapter 617<\/a>; in 2019, chapter 360<\/a>; in 2025, chapter 148<\/a>.<\/p>","references":[{"id":78151,"section_number":"51.1-511","catch_line":"Persons entitled to payment of insurance on employee's death","order_by":null,"url":"\/51.1-511\/"},{"id":64186,"section_number":"6.2-1367","catch_line":"Application of provisions to federal credit unions","order_by":null,"url":"\/6.2-1367\/"},{"id":55234,"section_number":"64.2-600","catch_line":"Definitions","order_by":null,"url":"\/64.2-600\/"},{"id":70982,"section_number":"64.2-602","catch_line":"Payment or delivery of small asset valued at $35,000 or less without affidavit","order_by":null,"url":"\/64.2-602\/"},{"id":54060,"section_number":"64.2-603","catch_line":"Discharge and release of payor","order_by":null,"url":"\/64.2-603\/"}],"refers_to":[{"id":65466,"section_number":"64.2-1900","catch_line":"Definitions","order_by":null,"url":"\/64.2-1900\/"},{"id":87339,"section_number":"64.2-714","catch_line":"Representation; basic effect","order_by":null,"url":"\/64.2-714\/"},{"id":70409,"section_number":"64.2-716","catch_line":"Representation by fiduciaries and parents or other ancestors","order_by":null,"url":"\/64.2-716\/"},{"id":77590,"section_number":"64.2-717","catch_line":"Representation by person having substantially identical interest","order_by":null,"url":"\/64.2-717\/"},{"id":66999,"section_number":"64.2-900","catch_line":"Definitions","order_by":null,"url":"\/64.2-900\/"},{"id":73829,"section_number":"8.3A-403","catch_line":"Unauthorized signature","order_by":null,"url":"\/8.3A-403\/"},{"id":63742,"section_number":"8.3A-417","catch_line":"Presentment warranties","order_by":null,"url":"\/8.3A-417\/"},{"id":75961,"section_number":"8.3A-420","catch_line":"Conversion of instrument","order_by":null,"url":"\/8.3A-420\/"}],"permalink":{"id":273651,"object_type":"law","relational_id":57425,"identifier":"64.2-601","token":"64.2\/II\/6\/1\/64.2-601","url":"\/64.2-601\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-601\/","token":"64.2\/II\/6\/1\/64.2-601","dublin_core":{"Title":"Payment or delivery of small asset by affidavit","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-601","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person<\/span> having possession<\/span> of a small asset<\/span> shall pay or deliver the small asset<\/span> to the designated successor<\/span> of the decedent upon being presented an affidavit<\/span> made by all of the known successors<\/span> stating: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> That the value<\/span> of the decedent’s entire personal probate estate as of the date of the decedent’s death, wherever located, does not exceed $75,000; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> That at least 60 days have elapsed since the decedent’s death; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> That no application for the appointment of a personal representative<\/span> is pending or has been granted in any jurisdiction<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> That the decedent’s will<\/span>, if any, was duly probated; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> That the claiming successor is entitled to payment or delivery of the small asset<\/span>, and the basis upon which such entitlement is claimed; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The names and addresses of all successors<\/span>, to the extent known; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The name of each successor designated to receive payment or delivery of the small asset<\/span> on behalf of all successors<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> That the designated successor<\/span> shall have a fiduciary<\/span> duty to safeguard and promptly pay or deliver the small asset<\/span> as required by the laws<\/span> of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The designated successor<\/span> may discharge his fiduciary<\/span> duty to promptly pay or deliver the small asset<\/span> to a successor who is, or is reasonably believed to be, incapacitated or under a legal disability, by paying or delivering the asset directly to the incapacitated or disabled successor or applying it for such successor’s benefit, or by: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Paying it to such successor’s conservator or, if no conservator exists, guardian; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Paying it to such successor’s custodian under the Virginia Uniform Transfers to Minors<\/span> Act (§ 64.2-1900<\/a> et seq.) or custodial trustee<\/span> under the Uniform Custodial Trust Act (§ 64.2-900<\/a> et seq.), and, for that purpose, creating a custodianship or custodial trust; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If the designated successor<\/span> does not know of a conservator, guardian, custodian, or custodial trustee<\/span>, paying it to an adult relative or other person<\/span> having legal or physical care or custody<\/span> of such successor to be expended on such successor’s behalf; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Managing it as a separate fund on such successor’s behalf, subject to such successor’s continuing right to withdraw the asset. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any successor may be represented and bound under virtual representation provisions of §§ 64.2-714<\/a>, 64.2-716<\/a>, and 64.2-717<\/a> with respect to affidavits<\/span> required and designations of persons<\/span> to receive payment or delivery of a small asset<\/span> under this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A transfer agent of any security, upon the surrender of the certificates, if any, evidencing the security, shall change the registered ownership on the books of a corporation from the decedent to the designated successor<\/span> upon the presentation of an affidavit<\/span> as provided in subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Upon the presentation of an affidavit<\/span> as provided in subsection A, the designated successor<\/span> may endorse or negotiate any small asset<\/span> that is a check, draft, or other negotiable instrument that is payable to the decedent or the decedent’s estate. Notwithstanding the provisions of §§ 8.3A-403<\/a>, 8.3A-417<\/a>, and 8.3A-420<\/a>, a financial institution accepting such check, draft, or other negotiable instrument presented for deposit in such manner is discharged from all claims for the amount accepted. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPAYMENT OR DELIVERY OF SMALL ASSET BY AFFIDAVIT (\u00a7 64.2-601)\n\nA. Any person having possession of a small asset shall pay or deliver the small\nasset to the designated successor of the decedent upon being presented an\naffidavit made by all of the known successors stating:\n\n 1. That the value of the decedent’s entire personal probate estate as of\n the date of the decedent’s death, wherever located, does not exceed\n $75,000;\n\n 2. That at least 60 days have elapsed since the decedent’s death;\n\n 3. That no application for the appointment of a personal representative is\n pending or has been granted in any jurisdiction;\n\n 4. That the decedent’s will, if any, was duly probated;\n\n 5. That the claiming successor is entitled to payment or delivery of the small\n asset, and the basis upon which such entitlement is claimed;\n\n 6. The names and addresses of all successors, to the extent known;\n\n 7. The name of each successor designated to receive payment or delivery of the\n small asset on behalf of all successors; and\n\n 8. That the designated successor shall have a fiduciary duty to safeguard and\n promptly pay or deliver the small asset as required by the laws of the\n Commonwealth.\n\nB. The designated successor may discharge his fiduciary duty to promptly pay or\ndeliver the small asset to a successor who is, or is reasonably believed to be,\nincapacitated or under a legal disability, by paying or delivering the asset\ndirectly to the incapacitated or disabled successor or applying it for such\nsuccessor’s benefit, or by:\n\n 1. Paying it to such successor’s conservator or, if no conservator\n exists, guardian;\n\n 2. Paying it to such successor’s custodian under the Virginia Uniform\n Transfers to Minors Act (§ 64.2-1900 et seq.) or custodial trustee under\n the Uniform Custodial Trust Act (§ 64.2-900 et seq.), and, for that\n purpose, creating a custodianship or custodial trust;\n\n 3. If the designated successor does not know of a conservator, guardian,\n custodian, or custodial trustee, paying it to an adult relative or other\n person having legal or physical care or custody of such successor to be\n expended on such successor’s behalf; or\n\n 4. Managing it as a separate fund on such successor’s behalf, subject to\n such successor’s continuing right to withdraw the asset.\n\nC. Any successor may be represented and bound under virtual representation\nprovisions of §§ 64.2-714, 64.2-716, and 64.2-717 with respect to\naffidavits required and designations of persons to receive payment or delivery\nof a small asset under this article.\n\nD. A transfer agent of any security, upon the surrender of the certificates, if\nany, evidencing the security, shall change the registered ownership on the books\nof a corporation from the decedent to the designated successor upon the\npresentation of an affidavit as provided in subsection A.\n\nE. Upon the presentation of an affidavit as provided in subsection A, the\ndesignated successor may endorse or negotiate any small asset that is a check,\ndraft, or other negotiable instrument that is payable to the decedent or the\ndecedent’s estate. Notwithstanding the provisions of §§\n8.3A-403, 8.3A-417, and 8.3A-420, a financial institution accepting such check,\ndraft, or other negotiable instrument presented for deposit in such manner is\ndischarged from all claims for the amount accepted.\n\nHISTORY: 1981, c. 281, \u00a7 64.1-132.2; 1996, c. 549; 2001, c. 368; 2006, c. 280;\n2010, c. 269; 2012, c. 614; 2013, c. 68; 2015, c. 617; 2019, c. 360; 2025, c.\n148.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}