My Account Deeds.com Real Estate Deeds

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 Friday July 10, 2020

4.8 out of 5 (1591 Reviews)

What others like you are saying:


Ruth L. said: Extremely convenient for a moderate fee. Will definitely use Deeds.com for my recording needs going forward. Will also share with my team on their projects. Thanks a bunch!!!

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


Dale V. said: Great site good price everything easy to use and correct.. Thanks

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Kristina R. said: Fast and friendly service. I will use Deeds.com again.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Leslie Y. said: I had my doubts going in but was pleasantly surprised at the thoroughness of the documents and information provided. Will use again.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Michael G. S. said: The process was quite easy, following the instructional guide. I have yet to find out if the deed was accepted, but your site was very user friendly.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


FRANK O. said: Easy to download and use the forms, however two forms needed for my county recording were not included.

Reply from Staff: Thank you for your feedback Frank. We'll look into finding and including the additional supplemental documents. Sometimes supplemental documents have to be generated by the county's system, specific to the transaction.


Select County or Independent City where the property is located.

Virginia Real Estate Affidavit Form