VirginiaHB1002026 Regular SessionHouseWALLET

Payment or delivery of small asset by affidavit; Office of the Executive Secretary to prepare form.

Sponsored By: Jason S. Ballard (Republican)

Became Law

Summary

Payment or delivery of small asset by affidavit; Office of the Executive Secretary to prepare form. Provides that an affidavit presented by any person having possession of a small asset to the designated successor of a decedent shall be on a form prepared by the Office of the Executive Secretary of the Supreme Court of Virginia.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 3 benefits, 0 costs, 0 mixed.

Cash checks and retitle stocks by affidavit

With the affidavit, the designated successor can endorse or deposit checks and drafts made out to the decedent or the estate. Banks that accept these deposits are protected from later claims for the amount taken. For stocks and other registered securities, if you also surrender any certificates, the transfer agent must change the owner on the company’s books to the designated successor.

Faster access to small estates

Virginia lets you claim a deceased person’s small assets without full probate. This applies when the total personal probate estate is $75,000 or less, at least 60 days have passed since death, and no personal representative has been appointed or is pending. All known successors sign the affidavit and name one person to receive the asset. You must use the Supreme Court of Virginia’s standard affidavit form. Virtual representation rules can let one person represent absent or unknown heirs, and the designated successor must safeguard and promptly share the asset with all successors.

Options when an heir is incapacitated

If an heir is incapacitated or under a legal disability, the designated successor has safe ways to deliver the asset. They can pay the heir, the heir’s guardian or conservator, a UTMA custodian, or a custodial trustee. If no conservator exists, they can pay an adult relative or caregiver to spend for the heir. They may also hold the money in a separate fund for the heir with a right to withdraw.

Sponsors & Cosponsors

Sponsor

  • Jason S. Ballard

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 222 • No: 0

Senate vote 2/23/2026

Passed Senate Block Vote

Yes: 38 • No: 0

Senate vote 2/20/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 2/20/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/18/2026

Reported from Courts of Justice

Yes: 14 • No: 0

House vote 2/10/2026

Read third time and passed House Block Vote

Yes: 98 • No: 0

House vote 2/4/2026

Reported from Courts of Justice

Yes: 22 • No: 0

House vote 1/28/2026

Subcommittee recommends reporting

Yes: 10 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0040)

    3/31/2026Governor
  2. Approved by Governor-Chapter 40 (effective 7/1/2026)

    3/31/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026House
  5. Fiscal Impact Statement from Department of Planning and Budget (HB100)

    2/25/2026House
  6. Bill text as passed House and Senate (HB100ER)

    2/25/2026House
  7. Enrolled

    2/25/2026House
  8. Signed by President

    2/25/2026Senate
  9. Signed by Speaker

    2/25/2026House
  10. Passed Senate Block Vote (38-Y 0-N 0-A)

    2/23/2026Senate
  11. Read third time

    2/23/2026Senate
  12. Passed by for the day Block Vote (Voice Vote)

    2/20/2026Senate
  13. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    2/20/2026Senate
  14. Rules suspended

    2/20/2026Senate
  15. Reported from Courts of Justice (14-Y 0-N)

    2/18/2026Senate
  16. Referred to Committee for Courts of Justice

    2/11/2026Senate
  17. Constitutional reading dispensed (on 1st reading)

    2/11/2026Senate
  18. Read third time and passed House Block Vote (98-Y 0-N 0-A)

    2/10/2026House
  19. Read second time and engrossed

    2/9/2026House
  20. Read first time

    2/6/2026House
  21. Reported from Courts of Justice (22-Y 0-N)

    2/4/2026House
  22. Subcommittee recommends reporting (10-Y 0-N)

    1/28/2026House
  23. Assigned HCJ sub: Civil

    1/26/2026House
  24. Fiscal Impact Statement from Department of Planning and Budget (HB100)

    1/19/2026House
  25. Referred to Committee for Courts of Justice

    1/2/2026House

Bill Text

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