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Information about probate and decedents' estates in Virginia. Home | Services | Contact | Search | Disclosure
Fiduciary Qualification
List of Heirs

Virginia Estate Law - Qualification

What is Qualification?
Is Qualification Necessary?
Virginia Qualification Procedure
Fiduciary Duties & Liability
List of Heirs
Notice of Probate

Virginia law requires every personal representative who qualifies for estate administration to file a list of heirs at the time of qualification. If a will is probated without qualification, a list of heirs must be filed at that time by the person presenting the will for probate.

The list of heirs is given under oath on a form provided by the Clerk of Court. The heirs identified on the list are the heirs of the decedent as provided under Virginia law for a person who dies without a will.

The form requires the name, address, relationship to the decedent, and age of each heir. If an heir is deceased, the heirs at law of the deceased heir must be identified.

The law also provides that if there is no qualification within 30 days following the decedent's death, the list of heirs may be filed by any heir at law of a decedent who died intestate.

The list of heirs is important particularly in the case of someone who dies intestate and who owns real estate at the time of their death. Under Virginia law, real estate passes at time of death of the decedent to the heirs of an intestate decedent as identified in the list of heirs.

Notice of Probate >>>

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