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Virginia law says a small estate affidavit has to: Provide the name of the person who died and the date of the death. 1. Obtain a blank small estate affidavit form.This procedure is called a small estate affidavit, and you can use it to skip probate. A Small Estate Affidavit is a legal document that you can use to settle a small estate when there's no will. A small estate affidavit is a legal document that can be used to transfer property to heirs without a formal probate. This procedure is called a small estate affidavit, and you can use it to skip probate. In this video, we'll guide you on how to fill out, a Small Estate Affidavit! Instructions for Small Estate Affidavit Form. A Small Estate Affidavit is a legal document that you can use to settle a small estate when there's no will. Individuals then fill out a form without reading the statute and without understanding Texas intestacy law.