[VA] In which state do I file a small estate affidavit?
“To proceed with providing any account specific information from his account, we will need Certified Estate Documents or certified documents indicating the funds are bypassing probate (typically called an Affidavit of Small Estate or an Affidavit for Collection of Personal Property). If you are unfamiliar with these documents, you will need to consult with your state’s probate department. We are unable to provide any account information about the decedent’s account without one of these sets of documents.”
I just created the affidavit. I live in VA now, but my husband passed in TN. Do I submit this to AZ?
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Due to the diversity involved, it may be possible to have the matter removed to federal court, which would be more beneficial for you. That would be my first priority.
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My husband passed in 2023. I am trying to access his Acorns account. I don’t even know if there are funds in it. They said the following:
“To proceed with providing any account specific information from his account, we will need Certified Estate Documents or certified documents indicating the funds are bypassing probate (typically called an Affidavit of Small Estate or an Affidavit for Collection of Personal Property). If you are unfamiliar with these documents, you will need to consult with your state’s probate department. We are unable to provide any account information about the decedent’s account without one of these sets of documents.”
I just created the affidavit. I live in VA now, but my husband passed in TN. Do I submit this to AZ?
I'm sorry to hear about your husband’s passing. Have you consulted with the probate department in Tennessee or Virginia regarding the next steps for accessing his Acorns account?
No I have not. I was originally told I did not need to as there are no other heirs, nor was there really an estate for him. We had everything in both our names.
Have you gathered all the necessary documents, such as the Certified Estate Documents or an Affidavit of Small Estate, to submit to Acorns for accessing the account?
I have completed the affidavit of small estate just now. Do I just notarize it and turn it in to VA or do I turn it in to AZ where we lived when he passed?
Is there anything else the Estate Lawyer should know before I connect you? Rest assured they’ll be able to help with submitting the Affidavit of Small Estate for accessing the Acorns account.
That is all. Thank you.
Hello! I'm James Daloisio, an Estate Law expert. I'm here to help you navigate the process of accessing your husband's Acorns account and any related estate matters.
Have you confirmed whether your husband had any other accounts or assets that might require probate or additional documentation?
What specific information did Acorns provide regarding the notarization and submission process for the Affidavit of Small Estate?
Are there any other legal documents or arrangements that you and your husband had in place that might affect how his estate is handled?
He doesn’t have any other assets or accounts. His 401k was dispersed to me with death certificate. I am the only next of kin. We didn’t have kids.
This is Acorns' response:
“To proceed with providing any account specific information from his account, we will need Certified Estate Documents or certified documents indicating the funds are bypassing probate (typically called an Affidavit of Small Estate or an Affidavit for Collection of Personal Property). If you are unfamiliar with these documents, you will need to consult with your state’s probate department. We are unable to provide any account information about the decedent’s account without one of these sets of documents.”
Due to the diversity involved, it may be possible to have the matter removed to federal court, which would be more beneficial for you. That would be my first priority.
If you have any follow-up questions, just let me know.
Okay, I am very financially limited. I was homeless and just moved to VA. Do I just file the Small Estate Affidavit with AZ or does it go to the state I live in now?
You can move for a change of venue to your present location.
Okay, so basically the Small Estate Affidavit needs to be filed with VA? Sorry I have never done any of this, so the language is confusing.
Yes, that's correct.
Okay, wonderful. Are there fees typically with this?
Yes, there are nominal fees that vary from place to place. Just call the clerk and ask.
Okay, thank you Mr. Daloisio. I appreciate your help. Have a good evening.
I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.
