Virginia Affidavit of Death and Heirship (Information to Include in Affadavit)
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FAQ
Upon the filing of a complaint to impeach or establish the will pursuant to this section, the court shall order a trial by jury to ascertain whether what was offered for probate is the will of the testator.
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.
Virginia Code § 64.2-508. A-D requires that a fiduciary give notice of the estate to all interested parties within thirty days of qualification and to file an affidavit of such notice within four months of qualification.
Common non-probate assets include: Life insurance proceeds or pension benefits payable to a named beneficiary. Assets such as a home owned with someone else in joint tenancy or tenancy by the entirety. Assets with a listed beneficiary outside of the deceased person's will such as an IRA or payable-on-death bank account.
Virginia Code § 64.2-508 (A-D) requires that a fiduciary give written notice of probate to certain individuals within 30 days of qualification. Within 4 months of qualification, a fiduciary must file an affidavit with the Probate Department confirming that said notice(s) were sent.
The heirs identified on the list are the heirs of the decedent as provided under Virginia law for a person who dies without a will. The form requires the name, address, relationship to the decedent, and age of each heir.
Virginia allows an heir of a person who has died to avoid probate by following a summary administration process using a small estate affidavit. With a small estate affidavit, an heir can usually claim bank accounts and other estate assets much faster and at far less cost than via probate.
Any person having an interest in real estate that is part of an intestate decedent's estate, including a personal representative who has qualified, may execute an affidavit, on a form provided to each clerk of the court by the Office of the Executive Secretary of the Supreme Court or a computer-generated facsimile ...