Virginia List Of Heirs Instructions

The list of heirs is given under oath on a form provided by the Clerk of Court. 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.

An heir is a person who is legally entitled to collect an inheritance, when a deceased person did not formalize a last will and testament. Generally speaking, heirs who inherit the property are children, descendants or other close relatives of the decedent.

To be an heir under Virginia intestate succession, you must have outlived the decedent by at least 120 hours. This law becomes especially important when an accident or other fatal event occurs involving two relatives.

If no surviving spouse, children, or grandchildren are living at your death, or otherwise exist, then your assets would pass to collateral heirs. Collateral heirs include your parents, siblings, and grandparents along with any other next of kin such as aunts, uncles, nieces, nephews, and cousins.

Step 1 Write in your name as the successor in interest. Step 2 In Section 1, enter in decedent's name and the date of death. Step 3 Check the box that indicates the type of asset. Step 4 In Section 7, check the box which indicates your relationship to the decedent.

A person can expect for the probate process in Virginia to take anywhere from six months up to a year or more. Generally, there is a creditor period, so an estate cannot be completely distributed and closed prior to the expiration of the six-month period.

In most states, however, there is the option to use a small estate affidavit when the assets of the estate are under a certain dollar amount, which varies by state. An attorney is not required to file a small estate affidavit, although it may be helpful to consult with one prior to filing the small estate affidavit.

Grandchildren will typically be next in the order, followed by the deceased's parents, then siblings, then nieces and nephews, grandparents, aunts, uncles, and cousins. Adopted children are the same as biological children for inheritance purposes, while stepchildren and foster children are not.

The following persons are considered legal heirs and can claim a legal heir certificate under Indian Law: Spouse of the deceased. Children of the deceased (Son/ Daughter) Parents of the deceased.