{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-510.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-510.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-510.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-510.html"}],"law_id":58851,"edition_id":1,"section_id":58851,"structure_id":14686,"section_number":"64.2-510","catch_line":"Affidavit relating to real estate of intestate decedent","history":"Code 1950, \u00a7 64-127.1; 1952, c. 149; 1968, c. 656, \u00a7 64.1-135; 1998, c. 610; 2012, c. 614; 2017, c. 42.","full_text":"A\n\nAny 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\n\nThe 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.","order_by":null,"text":{"0":{"id":215594,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":215595,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14686,"edition_id":1,"name":"List of Heirs and Affidavit of Real Estate","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13926,"metadata":{},"date_created":"2026-06-26 03:49:21","date_modified":"2026-06-26 03:49:21","permalink":{"id":273419,"object_type":"structure","relational_id":14686,"identifier":"2","token":"64.2\/II\/5\/2","url":"\/64.2\/II\/5\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13926,"edition_id":1,"name":"Personal Representatives and Administration of Estates","identifier":"5","label":"chapter","depth":3,"order_by":1,"parent_id":12863,"metadata":{},"date_created":"2026-06-26 03:46:19","date_modified":"2026-06-26 03:46:19","permalink":{"id":273379,"object_type":"structure","relational_id":13926,"identifier":"5","token":"64.2\/II\/5","url":"\/64.2\/II\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12863,"edition_id":1,"name":"Wills and Decedents' Estates","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":272911,"object_type":"structure","relational_id":12863,"identifier":"II","token":"64.2\/II","url":"\/64.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56319,"structure_id":14686,"section_number":"64.2-509","catch_line":"List of heirs","url":"\/64.2-509\/","token":"64.2\/II\/5\/2\/64.2-509","metadata":false},{"id":58851,"structure_id":14686,"section_number":"64.2-510","catch_line":"Affidavit relating to real estate of intestate decedent","url":"\/64.2-510\/","token":"64.2\/II\/5\/2\/64.2-510","metadata":false}],"previous_section":{"id":56319,"structure_id":14686,"section_number":"64.2-509","catch_line":"List of heirs","url":"\/64.2-509\/","token":"64.2\/II\/5\/2\/64.2-509","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-510\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 149; in 1968, chapter 656; in 1998, chapter 610<\/a>; in 2012, chapter 614<\/a>; in 2017, chapter 42<\/a>.<\/p>","references":[{"id":54183,"section_number":"58.1-1717.1","catch_line":"Tax in lieu of probate tax","order_by":null,"url":"\/58.1-1717.1\/"},{"id":59074,"section_number":"58.1-1718","catch_line":"City or county probate tax","order_by":null,"url":"\/58.1-1718\/"},{"id":82335,"section_number":"58.1-3805","catch_line":"Levy","order_by":null,"url":"\/58.1-3805\/"}],"refers_to":false,"permalink":{"id":273425,"object_type":"law","relational_id":58851,"identifier":"64.2-510","token":"64.2\/II\/5\/2\/64.2-510","url":"\/64.2-510\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-510\/","token":"64.2\/II\/5\/2\/64.2-510","dublin_core":{"Title":"Affidavit relating to real estate of intestate decedent","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-510","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person having an interest in real estate that is part of an intestate decedent’s estate, including a personal representative<\/span> who has qualified, may execute an affidavit<\/span>, on a form provided to each clerk of the court<\/span> by the Office of the Executive Secretary of the Supreme Court<\/span> 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<\/span> where the affidavit<\/span> 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<\/span>. The clerk of the circuit<\/span> court<\/span> of the jurisdiction<\/span> where such real estate or any part thereof is located shall record and index the affidavit<\/span> as wills<\/span> are recorded and indexed in the name of the decedent and the heirs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The clerk of the circuit<\/span> court<\/span> of the jurisdiction<\/span> where the affidavit<\/span> is recorded shall transmit an abstract of the affidavit<\/span> to the commissioner of the revenue of such jurisdiction<\/span>. 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<\/span>, the commissioner may transfer the real estate upon the land books and assess the real estate in accordance therewith. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAFFIDAVIT RELATING TO REAL ESTATE OF INTESTATE DECEDENT (\u00a7 64.2-510)\n\nA. Any person having an interest in real estate that is part of an intestate\ndecedent’s estate, including a personal representative who has qualified,\nmay execute an affidavit, on a form provided to each clerk of the court by the\nOffice of the Executive Secretary of the Supreme Court or a computer-generated\nfacsimile thereof, setting forth briefly (i) a description of the real estate\nowned by the decedent at the time of his death situated within the jurisdiction\nwhere the affidavit is to be recorded; (ii) that the decedent died intestate;\nand (iii) the names and last known addresses of the decedent’s heirs at\nlaw. The clerk of the circuit court of the jurisdiction where such real estate\nor any part thereof is located shall record and index the affidavit as wills are\nrecorded and indexed in the name of the decedent and the heirs.\n\nB. The clerk of the circuit court of the jurisdiction where the affidavit is\nrecorded shall transmit an abstract of the affidavit to the commissioner of the\nrevenue of such jurisdiction. In lieu of a printed paper copy of such abstract,\nthe clerk may provide an electronic abstract or secure remote electronic access\nto such abstract to the commissioner. Upon receipt of the affidavit, the\ncommissioner may transfer the real estate upon the land books and assess the\nreal estate in accordance therewith.\n\nHISTORY: Code 1950, \u00a7 64-127.1; 1952, c. 149; 1968, c. 656, \u00a7 64.1-135; 1998,\nc. 610; 2012, c. 614; 2017, c. 42.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}