Virginia - Smyth County Real Estate Affidavit Forms

All Smyth County specific forms and documents listed below are included in your immediate download package:

Real Estate Affidavit Form - Smyth County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 9/22/2021

Real Estate Affidavit Guide - Smyth County

Line by line guide explaining every blank on the form.
Included document last updated 11/4/2021

Completed Example of the Real Estate Affidavit Document - Smyth County

Example of a properly completed form for reference.
Included document last updated 11/9/2021

Included Supplemental Documents

The Following Virginia and Smyth County supplemental forms are included as a courtesy with your order.

Certificate of Transfer Form (Virginia Document)

Virginia Land Record Cover Sheet - Information (Virginia Document)

VA Circuit Court Deed Fee Schedule (Virginia Document)

Certificate of Acknowledgment (Virginia Document)

Jurat (Virginia Document)

Frequently Asked Questions:

• How long does it take to get my forms?
  • Forms are available immediately after submitting payment.
• What are supplemental forms?
  • Often when a deed is recorded additional documents are required by the state or local jurisdiction. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
• How do I get my forms, are they emailed?
  • After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
• What type of files are the forms?
  • All of our forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
• Can the forms be re-used?
  • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
• Are these forms guaranteed to be recordable in Smyth County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Smyth County including margin requirements, content requirements, font and font size requirements.
• Do I have to enter all of my property information online?
  • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
• Can I save the completed form, email it to someone?
  • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
• Do I need any special software to use these forms?
  • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
• Are there any recurring fees involved?
  • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Real Estate Affidavit Forms:

• Smyth County

Including:

• Atkins
• Chilhowie
• Marion
• Saltville
• Sugar Grove

What is the 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.

Save Time and Money

Get your Smyth 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.

Our Promise

The documents you receive here will meet, or exceed, the Smyth County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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