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If there has been no qualification of a personal representative within 30 days following the decedents death, a list of heirs, made under oath in ance 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. Code of Virginia Code - Article 2. List of Heirs and Affidavit of Real Estate virginia.gov title64.2 chapter5 article2 virginia.gov title64.2 chapter5 article2
An Affidavit of Heirship is a legal document used to establish the heirs of a deceased person and their respective interests in the deceased persons estate when the deceased person dies without a will (intestate) or when there are uncertainties about the heirs and their inheritance rights.
Every will or certified copy when recorded shall have the effect of notice to all persons of any devise or disposal by the will of real estate situated in a county or city in which such will or copy is so recorded.
WHO INHERITS THE PROPERTY OF AN INTESTATE? someone other than the surviving spouse in which case, one-third goes to the surviving spouse and the remaining two-thirds is divided among all children.  if no surviving spouse, all passes to the children and their descendants.
Intestate Succession: Spouses Children Inheritance SituationWho Inherits Your Property If spouse and children all or partly from an ex-spouse or partner 2/3 of the estate to children 1/3 of the estate to a spouse If children, but no spouse Entire estate to children2 more rows Dec 21, 2023 Virginia Inheritance Laws: What You Should Know - SmartAsset SmartAsset estate-planning virginia-inhe SmartAsset estate-planning virginia-inhe

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Next of kin under Virginia law generally means the closest living relatives of the decedent. The Virginia Supreme Court has stated that the term next of kin is a nontechnical term whose commonly accepted meaning is nearest in blood. Elmore v. Virginia Natl Bank, 232 Va. Who Are Next Of Kin In Virginia? - Probate Stars probatestars.com who-are-next-of-kin-in-virginia probatestars.com who-are-next-of-kin-in-virginia
If the decedent is survived by a spouse, then the spouse is listed as the heir unless there are children of the decedent who are not also the children of the surviving spouse. In that case, all of the children are also listed.
In 2020 Virginia adopted major provisions of the Uniform Partition of Heirs Property Act (UPHPA) to help prevent involuntary loss of family land and the associated real estate wealth of that family land through a hierarchy of rights and remedies for tenant-in-common owners in a partition action. Heirs Property CLE: Understanding the Concept to Protect Ownership landtrustalliance.org resources learn explore landtrustalliance.org resources learn explore

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