Virginia Affidavit of Incumbency

State:
Multi-State
Control #:
US-OG-180
Format:
Word; 
Rich Text
Instant download

Description

An affidavit is statement of facts which is sworn to (or affirmed) before an officer who has authority to administer an oath (e.g. a notary public).

How to fill out Affidavit Of Incumbency?

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FAQ

Real Estate Affidavit for Intestate Estates 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.

In Virginia, an individual will need to make an appointment with the clerk's office in the county of which the decedent either died or held real estate so that an individual can apply to be appointed.

Virginia law says a small estate affidavit has to: Provide the name of the person who died and the date of the death. State that the value of the assets in the estate is less than $50,000. State that at least 60 days have passed since the death.

The certificate of satisfaction shall be signed by the creditor or his duly authorized agent, attorney or attorney-in-fact, or any person to whom the instrument evidencing the indebtedness has been endorsed or assigned for the purpose of effecting such release.

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.

The appointment of an executor or administrator is not always required. If such is the situation, no formal administration is necessary. This is usually true where the estate is a small asset estate, personal property having value on the date of death of no more than $50,000.00.

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Virginia Affidavit of Incumbency