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Commonly Asked Questions about Affidavit Forms for Real Estate

Real Estate Affidavit. 64.2-510. If the only asset is real estate and there is no probate then this affidavit may be filed to allow the real estate to pass to the heirs.
This form is sent to each person named in another form the Executor or Administrator of an Estate is required to file -- the List of Heirs. It is a form that the executor or administrator of an estate must send to everyone who would stand to receive a share of an estate under Virginia law if there had been no will.
Virginia has special rules allowing for the collection of small assets (assets under $50,000.00) without going through the probate process.
You can use a docHubd affidavit to recover assets from third parties, including corporations and financial institutions. It is also worth noting that Virginia Code 64.2-602 says the holder of any asset valued at less than $25,000 may pay or deliver that asset to any successor without an affidavit.
What does a Real Estate Affidavit do in Virginia? Pursuant to 64.2-510 When a person dies intestate (without a will), the real estate affidavit may be utilized to transfer real estate to a decedents heirs at law as codified in VA Code 64.2-200.