2011 Code of Virginia
Title 64.1 WILLS AND DECEDENTS' ESTATES.
Chapter 6 Personal Representatives and Administration of Estates (64.1-116 thru 64.1-180.1)
64.1-135 Affidavit relating to real estate of intestate decedent
64.1-135. Affidavit relating to real estate of intestate decedent.
Upon the death intestate of a person owning real estate, any person having an interest therein, 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) the real estate owned by the decedent at the time of his death situated within the city or county where such affidavit is to be recorded; (ii) the intestacy; and (iii) the names and last known addresses of the heirs at law. The clerk of the court of the county or city in which deeds are admitted to record and in which such real estate or any part thereof is located, shall, upon the payment of the fees provided by law, record and index the same as wills are recorded and indexed.
The clerk of the court of the county or city where such affidavit is recorded shall transmit an abstract of said affidavit to the commissioner of the revenue of said county or city as in the case of deeds conveying real estate. Upon receipt thereof by said commissioner, such real estate may be transferred upon the land books and assessed in accordance therewith.
(Code 1950, 64-127.1; 1952, c. 149; 1968, c. 656; 1998, c. 610.)
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