Affidavit of Heirship for Virginia

Affidavit of Heirship for Virginia



STATE OF: _____________
COUNTY OF: _____________

1. My name is _____________ and I reside at _____________, _____________, _____________ _____________. I am personally familiar with the family and marital history of _____________ ("Decedent") and I have personal knowledge of the facts stated in this affidavit. I hereby swear that the answers to the following questions are true and correct. Furthermore, I AM NOT AN HEIR NAMED IN THIS DOCUMENT.

2. I knew Decedent from _____________ until _____________. I was Decedent's _____________ and was personally well acquainted with the named Decedent during his or her lifetime.

3. Decedent died on _____________ at the following place of death: city of _____________ in _____________ County, _____________. At the time of Decedent's death, Decedent's residence address was _____________, _____________, _____________ _____________.

4. I was well acquainted with the family and near relatives of said Decedent and with all those who would, under the laws of the State of _____________, be his or her heirs. The following statements and the information contained herein, including my answers to named questions below, are based upon my personal knowledge and are true and correct.

QUESTION 1 - Did Decedent leave a will?

YES ( ) / NO ( )

QUESTION 2 - Did Decedent have a surviving widow or widower at the time of death?

YES ( ) / NO ( )

QUESTION 3 - Did Decedent have any former spouses at the time of death?

YES ( ) / NO ( )

QUESTION 4 - Did Decedent have ever any children? Include all living children, deceased children, and children born after Decedent's death.

YES ( ) / NO ( )

QUESTION 5 - Did Decedent ever adopt any children or have stepchildren? Include all living and deceased adopted children and stepchildren.

YES ( ) / NO ( )

QUESTION 6 - Was Decedent survived by any other heirs?

YES ( ) / NO ( )

QUESTION 7 - To the best of Affiant's knowledge, did Decedent have any unpaid debts at the time of death?

YES ( ) / NO ( )

QUESTION 8 - To the best of Affiant's knowledge, did Decedent owe any federal estate or state inheritance taxes on the estate at the time of death?

YES ( ) / NO ( )

QUESTION 9 - Was Decedent a surety on any bond or guarantor of any other person's indebtedness at the time of death?

YES ( ) / NO ( )

QUESTION 10 - Were there any suits pending or judgments rendered against Decedent at the time of death?

YES ( ) / NO ( )

AFFIANT'S SIGNATURE

x/______________________________ Date:_______________
Printed Name: _____________

NOTARY ACKNOWLEDGMENT

STATE OF VIRGINIA
COUNTY OF ________________

On ________________, before me, _____________________________, personally appeared _____________ ("Affiant") (AFFIANT MAY NOT BE AN HEIR NAMED IN THIS DOCUMENT), who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the attached AFFIDAVIT OF HEIRSHIP and acknowledged to me that he or she executed the same in an authorized capacity, and executed the instrument by signing his or her signature.

I certify under PENALTY OF PERJURY that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Print: ________________________     My Commission Expires: ________________________

Sign: ________________________       [Affix seal]

NOTARY PUBLIC

Instructions for Your Affidavit of Heirship



In the event that a person dies without leaving a last will and testament or without disposing of all of his or her property in a will, then you can use an affidavit of heirship to transfer the Decedent's interest in real estate or personal property to his or her heirs. While this is the most common use, you can also use this document simply to name the Decedent's heirs for a court. Our affidavit of heirship is thorough in providing the relevant information, but if any of the questions do not apply to your Decedent, then feel free to skip them. The information below will lead you through creating the form.

Party Information

You will begin by entering in the names and addresses of the parties involved. The "Affiant" is the person swearing to the facts stated in the document. The Affiant cannot be an heir of the Decedent since that would be a conflict of interest. The "Decedent" is the person who passed away and whose heirs are being named. You will also describe the nature of the parties' relationship and the dates when the parties knew each other.

Probate Court

Next, if the Decedent left a will, you will enter in the basic information related to the probate court. Probate court is the court that administers the Decedent's will and disburses his or her property. The case number and other information requested can usually be located on any of the formal probate court documents.

Appointed Representative

You will then indicate if an administrator or personal representative has been appointed to help administer the Decedent's estate. This question applies whether or not the Decedent left a will. If an administrator or personal representative has been appointed, enter his or her name and address.

Spouses, Children, and Other Heirs

Next, you will have the option to identify the Decedent's spouses, children, and other heirs. Generally, heirs only include spouses, registered domestic partners, and blood relatives. Friends of the Decedent are typically not heirs; however, if the Decedent named a friend to inherit property before death, then you can include the friend and try to get the court to accept them. It is best to be as thorough as possible here, but if the Decedent has a lot of heirs or you do not have all of their names and addresses, then just enter the ones necessary for your purpose in using this affidavit.

Real Estate and Personal Property

The real estate and personal property sections are used if you intend to use this affidavit to transfer the property to the Decedent's heirs. If you are including multiple pieces of real estate, they must all be in the same county. If not all in the same county, you will need to use a separate affidavit for real estate located in a different county. You will be asked to specify a complete legal description of the property. This is usually called a lot and block or metes and bounds description. If you do not have the legal property description already, then you can try previously-recorded deeds, your county Register or Recorder of Deeds (often online), tax assessments, websites such as Zillow.com, your mortgage contract, your land title, or ask a licensed real estate attorney for help. End each additional legal description with a period.

With the personal property, be as specific as possible in identifying the exact property that you are referring to. For example, if the item is a car, then include the year, make, model, license plate, and VIN. If you are identifying cash, stock, or another intangible asset, be sure to specify the account number where the asset is being held.

Debts and Liabilities

The last few sections relate to the Decedent's unpaid debts and liabilities. Again, if you do not know the answers, just answer to the best of your knowledge or skip these items.

Attachments

ATTACH THE FOLLOWING PAPERS, IF APPLICABLE:

1. If any heirs of the Decedent have died since his or her death, attach separate proof of heirship as to each.

2. If the Decedent left a will, attach a certified copy.

3. If an executor or administrator has been appointed for the estate of Decedent, attach a certificate of appointment from the court that made the appointment.

4. If an administration of the Decedent's estate has been completed and final order or decree of distribution has been rendered, attach a certified copy of such order or decree.

Execution

To execute the affidavit, the Affiant will need to sign it in front of a notary public. If you do not know a notary, you can find them at banks and similar professional offices open to the public.

Filing

Once executed, the affidavit will need to be filed with the appropriate court. This is usually a very straightforward process, and, if you are unsure how to do this, you can always call the court and an administrator will explain the process to you. If you are naming real estate to be transferred in the affidavit, then the affidavit will need to be filed with the appropriate land records office in the county where the land is located (usually called the County Recorder's office). As rules vary greatly from county to county, it is recommended that you call the recorder's office ahead of time to find out if they have any specific local filing requirements.

Please note that the language you see here changes depending on your answers to the document questionnaire.
Individual Estate Planning

Affidavit of Heirship

An affidavit of heirship is a legal document filed in court by the beneficiaries of an estate to help transfer the deceased person's real estate or personal property. In most instances, using this affidavit speeds up the estate settlement process by helping avoiding probate altogether.

The affidavit of heirship is an especially vital tool for establishing the heirs of people who die without a will, but it can also be used in instances where the deceased person executed a will prior to death. The affidavit must also be signed by a notary public.

LegalNature's step-by-step guidance will help you to create, download, and print your affidavit of heirship in minutes.

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