Affidavit of Heirship in Virginia
Whether Virginia lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: Yes. Virginia uses two recorded documents. (1) List of heirs: every personal representative (or will proponent if no one qualifies) must file a list of heirs under oath, on the Supreme Court form, with the clerk where the representative qualifies and the clerk of the circuit court where… Va. Code §§ 64.2-509, 64.2-510
| Affidavit / determination of heirship | Yes. Virginia uses two recorded documents. (1) List of heirs: every personal representative (or will proponent if no one qualifies) must file a list of heirs under oath, on the Supreme Court form, with the clerk where the representative qualifies and the clerk of the circuit court where any of the decedent's real estate is located; if no one qualifies within 30 days after death, any heir of an intestate decedent may file it. The clerk records and indexes it, and it is prima facie evidence of the facts listed. (2) Real estate affidavit: any person with an interest in real estate of an intestate decedent may sign an affidavit on the Supreme Court form describing the real estate, to be recorded where the property is located. Real estate affidavit: https://law.lis.virginia.gov/vacode/title64.2/chapter5/section64.2-510/ Source: Va. Code §§ 64.2-509, 64.2-510 |
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| Who inherits without a will | Surviving spouse: the entire estate, unless the decedent left children or their descendants who are not also the surviving spouse's children or descendants; in that case the spouse takes one-third and the decedent's children and their descendants take two-thirds. With no surviving spouse, the estate passes to children and their descendants; if none, to parents; if none, to brothers and sisters and their descendants; if none, half to the relatives of each parent (grandparents, then aunts and uncles and their descendants, then great-grandparents, and so on). If no relatives on either side survive, the estate passes to the relatives of the decedent's most recent spouse (if married at that spouse's death); otherwise real estate escheats and personal property goes to the Commonwealth. Relatives of the half blood take half as much as those of the whole blood. |
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FAQ
Does Virginia have an affidavit of heirship?
Yes. Virginia uses two recorded documents. (1) List of heirs: every personal representative (or will proponent if no one qualifies) must file a list of heirs under oath, on the Supreme Court form, with the clerk where the representative qualifies and the clerk of the circuit court where any of the decedent's real estate is located; if no one qualifies within 30 days after death, any heir of an intestate decedent may file it. The clerk records and indexes it, and it is prima facie evidence of the facts listed. (2) Real estate affidavit: any person with an interest in real estate of an intestate decedent may sign an affidavit on the Supreme Court form describing the real estate, to be recorded where the property is located.
Who inherits if someone dies without a will in Virginia?
Surviving spouse: the entire estate, unless the decedent left children or their descendants who are not also the surviving spouse's children or descendants; in that case the spouse takes one-third and the decedent's children and their descendants take two-thirds. With no surviving spouse, the estate passes to children and their descendants; if none, to parents; if none, to brothers and sisters and their descendants; if none, half to the relatives of each parent (grandparents, then aunts and uncles and their descendants, then great-grandparents, and so on). If no relatives on either side survive, the estate passes to the relatives of the decedent's most recent spouse (if married at that spouse's death); otherwise real estate escheats and personal property goes to the Commonwealth. Relatives of the half blood take half as much as those of the whole blood.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.