Affidavit of Payment Prior to Sale or Refinance - Individual - Virginia 2026

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  1. Click ‘Get Form’ to open the Affidavit of Payment Prior to Sale or Refinance in our editor.
  2. Begin by filling in the county or city where the property is located at the top of the form.
  3. Next, enter your name as either the owner or agent for the owner of the property.
  4. In the designated section, provide a detailed description of the property, including its address.
  5. Indicate whether all laborers and material suppliers have been paid in full by checking the appropriate box. If not, list their names, addresses, and amounts owed in the provided space.
  6. Sign and print your name at the bottom of the form. Ensure that you also include the date.
  7. Finally, have a notary public or magistrate sign off on your affidavit to complete it.

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The Will must be probated if the decedent owned any real estate that did not pass by survivorship. The probated Will has the same effect as a deed in passing title to a beneficiary under the Will. Probate of a Will solely to pass title to real estate does not require qualification of a Personal Representative.
Virginia Estate Planning Basics In Virginia, real estate and estates with more than $50,000 in personal property generally require formal probate. Estates below $50,000 can use a streamlined process. Assets in trusts as well as non-probate assets like life insurance and 401(k)s with beneficiaries also avoid probate.
May 1, 2025 Upon death while owning real property in Virginia, the real property passes according to the laws of Virginia. Real property in Virginia is said to drop like a stonetitle is immediately vested at time of death in the heirs at law or devisees.
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.
Licensees shall treat all prospective sellers honestly and shall not knowingly give them false information. If a licensee has actual knowledge of the existence of defective drywall in a residential property, the licensee shall disclose the same to the buyer.

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Virginia law sets specific criteria for using the Small Estate Affidavit: The total value of the deceaseds personal property must not exceed $50,000. At least 30 days must have passed since the date of death.

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