Montgomery County Real Estate Affidavit Form

Montgomery County Real Estate Affidavit Form
Fill in the blank form formatted to comply with all recording and content requirements.

Montgomery County Real Estate Affidavit Guide
Line by line guide explaining every blank on the form.

Montgomery County Completed Example of the Real Estate Affidavit Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional Virginia and Montgomery County documents included at no extra charge:
Where to Record Your Documents
Montgomery Circuit Court Clerk
Christiansburg, Virginia 24073
Hours: 8:30 to 4:30 M-F / Recording until 4:00
Phone: (540) 382-5760
Recording Tips for Montgomery County:
- Documents must be on 8.5 x 11 inch white paper
- White-out or correction fluid may cause rejection
- Ask about their eRecording option for future transactions
- Both spouses typically need to sign if property is jointly owned
Cities and Jurisdictions in Montgomery County
Properties in any of these areas use Montgomery County forms:
- Blacksburg
- Christiansburg
- Elliston
- Mc Coy
- Pilot
- Riner
- Shawsville
Hours, fees, requirements, and more for Montgomery County
How do I get my forms?
Forms are available for immediate download after payment. The Montgomery County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Montgomery County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Montgomery County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Montgomery County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Montgomery County?
Recording fees in Montgomery County vary. Contact the recorder's office at (540) 382-5760 for current fees.
Questions answered? Let's get started!
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.
(Virginia REA Package includes form, guidelines, and completed example)
Important: Your property must be located in Montgomery County to use these forms. Documents should be recorded at the office below.
This Real Estate Affidavit meets all recording requirements specific to Montgomery County.
Our Promise
The documents you receive here will meet, or exceed, the Montgomery County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Montgomery County Real Estate Affidavit form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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