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Subcommittee unanimously backs standardized small-estate affidavit form

Virginia House Subcommittee · January 28, 2026
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Summary

HB 100 would direct the Office of the Executive Secretary to produce a uniform small-estate affidavit form for use across Virginia; clerks said the change would simplify probate administration without altering substantive requirements.

Delegate Ballard introduced HB 100 on behalf of the clerks’ association; Randy Carter, clerk of the circuit court of Suffolk, explained the bill would require OES to create a common small-estate affidavit so clerks and the public have a consistent statewide form. "This does not change any of the underlying requirements or require for the small estate affidavit to qualify for it," Carter said.

Court clerks in the room described inconsistent forms across localities and said a standardized document would simplify processing and reduce repeated scanning. The subcommittee voted to report HB 100 by a 10–0 vote. The bill will proceed to the full committee.