                                 CODE OF VIRGINIA

LIST OF HEIRS (§ 64.2-509)

A. Every personal representative of a decedent, whether the decedent died
testate or intestate, shall, at the time of his qualification, and every
proponent of a will where there is no qualification of a personal
representative, shall, at the time the will is presented for probate, furnish a
list of heirs under oath in accordance with a form provided to each clerk of
court by the Office of the Executive Secretary of the Supreme Court or a
computer-generated facsimile thereof to the court or clerk where the personal
representative qualifies and to the clerk of the circuit court for the
jurisdiction where any real estate that is part of the decedent&#8217;s estate
is located.

B. If there has been no qualification of a personal representative within 30
days following the decedent&#8217;s death, a list of heirs, made under oath in
accordance with the form provided to each clerk or a computer-generated
facsimile thereof, may be filed by any heir at law of a decedent who died
intestate.

C. The clerk shall record the list of heirs in the will book and index the list
in the name of the decedent and the heirs. A list of heirs made under oath and
recorded pursuant to this section shall be prima facie evidence of the facts
contained in the list. The cost of recording the list shall be deemed a part of
the cost of administration and be paid out of the estate of the decedent.

D. The personal representative shall not receive any compensation for his
services until the list of heirs is filed unless he files an affidavit before
the commissioner of accounts that the heirs are unknown to him and that after
diligent inquiry he has been unable to ascertain their names, ages, or
addresses, as the case may be.

E. The list of heirs filed pursuant to this section shall reflect the heirs in
existence on the date of the decedent&#8217;s death. If there are any changes as
to who should be included on the list of heirs, an additional list of heirs
shall be filed that includes such changes.

HISTORY: Code 1950, § 64-127; 1954, c. 182; 1968, cc. 384, 656, § 64.1-134;
1984, c. 339; 1994, c. 327; 1998, c. 610; 2010, c. 585; 2012, c. 614.