Virginia General Notice of the Filing of an Affidavit
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How to fill out General Notice Of The Filing Of An Affidavit?
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FAQ
The clerk of the circuit court of the jurisdiction where such real estate or any part thereof is located shall record and index the affidavit as wills are recorded and indexed in the name of the decedent and the heirs.
In Virginia, any estate valued at greater than $50,000 at the time of the owner's passing must go through the probate procedure.
Before me, a Notary Public in and for said County and State, hereby certify that ______________________________, personally known to me to be the affiant in the foregoing affidavit, personally appeared before me this day and having been by me duly sworn deposes and says that the facts set forth in the above affidavit ...
This affidavit can be used to transfer title of the real estate to the heirs. The person filing the affidavit need not be the personal representative of the estate. Of course, this option to transfer ownership would not be available if the decedent died with a will (e.g., died testate).
Virginia has special rules allowing for the collection of ?small assets? (assets under $50,000.00) without going through the probate process.
Will It Work for Me or My Loved One's Estate? The person using a Virginia Small Estate Affidavit must be an heir at law ing to Virginia law. ... Heirs must wait 60 days after death before presenting this form. The estate must contain less than $50K in personal property.
This form is sent to each person named in another form the Executor or Administrator of an Estate is required to file -- the "List of Heirs." It is a form that the executor or administrator of an estate must send to everyone who would stand to receive a share of an estate under Virginia law if there had been no will.
The affidavit contains sworn statements attesting that the testator signed their will freely and without any coercion. The testator and the two (2) witnesses must sign the affidavit in the presence of a notary public who will, in turn, provide their certification.
