64.1-135 - Affidavit relating to real estate of intestate decedent.
§ 64.1-135. Affidavit relating to real estate of intestate decedent.
Upon the death intestate of a person owning real estate, any person having aninterest therein, including a personal representative who has qualified, mayexecute an affidavit, on a form provided to each clerk of the court by theOffice of the Executive Secretary of the Supreme Court or acomputer-generated facsimile thereof, setting forth briefly (i) the realestate owned by the decedent at the time of his death situated within thecity or county where such affidavit is to be recorded; (ii) the intestacy;and (iii) the names and last known addresses of the heirs at law. The clerkof the court of the county or city in which deeds are admitted to record andin which such real estate or any part thereof is located, shall, upon thepayment of the fees provided by law, record and index the same as wills arerecorded and indexed.
The clerk of the court of the county or city where such affidavit is recordedshall transmit an abstract of said affidavit to the commissioner of therevenue of said county or city as in the case of deeds conveying real estate.Upon receipt thereof by said commissioner, such real estate may betransferred upon the land books and assessed in accordance therewith.
(Code 1950, § 64-127.1; 1952, c. 149; 1968, c. 656; 1998, c. 610.)