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Virginia Real Estate Affidavit

When a decedent dies intestate (without a valid will), his probate property passes according to the course of descents, codified at Va. Code 64.2-200. The course of descents is an ordered list of heirs at law who have priority to inherit the estate when the decedent fails to provide instruction in a will. The administrator of the estate must compile a list of heirs in compliance with Va. Code 64.2-509 to determine who has an interest in the estate. The inheritance of property by an intestate decedent's heirs is sometimes referred to as intestate succession.

If the intestate decedent dies owning real property, any person having an interest in the estate, including the qualified personal representative, can execute and record an affidavit of real estate under Va. Code 64.2-510. Upon recording, the clerk of the circuit court will notify the commissioner of the revenue, who in turn transfers the real estate in the land books (64.2-510(B)). Once recorded, the affidavit transfers all interest in the described real estate owned by decedent to the heirs listed and evidences the change of ownership to the property.

The affidavit (Form CC-1612) gives the file number of the probate and the court with jurisdiction, as well as the name and date of death of the decedent and the name and address of the subscriber (affiant), stating what interest the subscriber has in the estate. In addition, it describes the subject real estate, acknowledges that the decedent died intestate, and gives the name, address, relation to the decedent, and age of each heir at law. Each subscriber's signature is required.

Finally, the affidavit must meet content and formatting standards for recorded documents related to real property in the Commonwealth of Virginia and in the relevant independent city or county. Record the affidavit in the circuit court where the real estate is located. Contact the circuit court with questions regarding recording.

Consult a lawyer with questions about affidavits of real property or for issues related to intestate succession in the Commonwealth of Virginia, as each situation is unique.

Deeds.com Virginia Real Estate Affidavit Forms Have Been Updated as Recently as Wednesday February 27, 2019

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What others like you are saying:


Keith L. said: Great to have a downloadable form, rather than a cloud solution that gives no guarantee of privacy. Appreciated the sample.......but all of that still left me with open issues about how to tweak the form to serve my particular needs......for example: how to ensure that survivor rights were properly characterized; how far back I should go with the "Source" section + how I should layer my own additions to the chain of ownership, etc. Nonetheless, an overall happy experience. Thank you for your help

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Judith G. said: Thank you, it was easy and fast. The clerks office filed without question.

Reply from Staff: Thank you Judith, have a fantastic day!


Richard D. said: We are pleased with your service. It is user friendly and efficient,

Reply from Staff: Thank you!


Robert D. said: These forms made it so easy to update the property deed and the instructions and sample filled out form were most helpful. You might want to add some brief information on when or why to use the Acknowledgment in Individual Capacity notary form. In my case the notary was required to use it but also filled in the brief notarize section on the Affidavit as well. She said the one on the Affidavit had some value because it showed she had witnessed the my signature. But this was only after I suggested both be filled in as she initially thought to just strike through it and just use the Acknowledgment in Individual Capacity form.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Randy T. said: I gave your site and forms 5 stars because it is very easy to use and included all the information needed to complete the form without having had a legal background.

Reply from Staff: Thank you Randy. Have a great day!


walter m. said: directions and getting to forms, printing good, but I wish it could be more simply and clearly presented. We'll see how it finally works out

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Select County or Independent City where the property is located.

Virginia Real Estate Affidavit Form