Virginia Affidavit of Heirship | Real Estate

If a loved one in Virginia dies without a will, there is no application to become the administrator of the estate, and the personal property values $50,000 or less, then successors may file the affidavit of heirship to collect bank accounts, final paychecks and other debts, vehicles, heirlooms, and other personal, financial, and tangible property owned by the decedent and distribute it among the heirs, or sell the property. Creditors may also file this affidavit as long as they have evidence of the debts owed by the decedent. There is a waiting period of 60 days before any interested party may file the affidavit of heirship in Virginia, per Va. Code Ann. § 64.2-601.

How to Write

Step 1 – Download in Adobe PDF or Microsoft Word (.doc).

Step 2 – Fill-in the following blanks respectively:

  • Identify all heirs of the estate
  • Your legal name and address
  • List your relationship with the decedent
  • Timeline of relationship
  • Name of any/all spouses including date(s) or marriage, divorce, and death (if any)
  • Name of any/all children including date(s) or marriage, divorce, and death (if any)
  • Name of any/all grandchildren including date(s) or marriage, divorce, and death (if any)
  • Name of any/all parents including date(s) or marriage, divorce, and death (if any)
  • Name of any/all brothers & sisters including date(s) or marriage, divorce, and death (if any)
  • Name of any/all nieces & nephews including date(s) or marriage, divorce, and death (if any)

Step 3 – Sign the document before a notary public, and file with a copy of the death certificate.