Code of Virginia § 64.2-510. Affidavit relating to real estate of intestate decedent.

252 words·~1 min read·/va/title-64-2/chapter-5/64-2-510

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. 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 thereof, setting forth briefly

(i)a description of the real estate owned by the decedent at the time of his death situated within the jurisdiction where the affidavit is to be recorded;

(ii)that the decedent died intestate; and

(iii)the names and last known addresses of the decedent's heirs at law. 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.

B. The clerk of the circuit court of the jurisdiction where the affidavit is recorded shall transmit an abstract of the affidavit to the commissioner of the revenue of such jurisdiction. In lieu of a printed paper copy of such abstract, the clerk may provide an electronic abstract or secure remote electronic access to such abstract to the commissioner. Upon receipt of the affidavit, the commissioner may transfer the real estate upon the land books and assess the real estate in accordance therewith.

Code 1950, § 64-127.1; 1952, c. 149; 1968, c. 656, § 64.1-135; 1998, c. 610 ; 2012, c. 614 ; 2017, c. 42 .