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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