A house or land without probate in Virginia

When the person died without a will owning Virginia real estate, an heir records an affidavit listing the property and the heirs with the circuit court clerk, so the land records and tax books show the new owners.

Checked against official sources: October 30, 2026.

Real Estate Affidavit (intestate decedent), form CC-1612

When the person died without a will owning Virginia real estate, an heir records an affidavit listing the property and the heirs with the circuit court clerk, so the land records and tax books show the new owners. It is not a court case and has no dollar limit.

Waiting period

The law sets no waiting period.

Who can use it

Any person with an interest in the real estate, including a personal representative who has qualified.

Court or where to file

Recorded by the clerk of the circuit court of the city or county where the real estate (or part of it) is located.

Notary

Sworn before a notary or the clerk.

Papers to attach
  • Brief description of the real estate in that jurisdiction
  • Names and last known addresses of the heirs
Steps
  1. Fill in form CC-1612 with the property description and the heirs.
  2. Sign before a notary or the clerk.
  3. Record it with the circuit court clerk where the property is; the clerk sends an abstract to the commissioner of the revenue.
Fee

The clerk charges a recording fee; ask the circuit court clerk.

Law: Va. Code sec. 64.2-510

Source: Official page

Transfer-on-death (TOD) and payable-on-death (POD) in Virginia

Real estate (TOD deed)

Yes · Transfer on death deed

An owner can record a transfer on death deed so Virginia real estate passes to a named beneficiary at death without probate. It must have the formalities of a recordable deed, say the transfer happens at the owner's death, and be recorded in the circuit court clerk's land records before the owner dies; joint owners must all sign. If the probate estate cannot pay claims, funeral costs and family allowances, the property can be reached, but a proceeding must start within one year after the death.

Law: Va. Code secs. 64.2-621 to 64.2-638

Source: Official page

Does real estate count toward the small estate limit?

Kind of propertyHow it is treatedDetails
Real estate in Virginia
Left out

Real estate is not counted; the limit is on the personal probate estate, and a small asset excludes real property.

Law: Va. Code 64.2-600, 64.2-601(A)(1)

Main home (primary residence)
Left out

The home (real estate) is not counted.

Law: Va. Code 64.2-600

Surviving spouse in Virginia

A surviving spouse (and minor children) of a Virginia resident can claim, ahead of the estate's creditors: a family allowance of up to $30,000 as a lump sum (or up to $2,500 a month for one year), exempt property worth up to $25,000 (household furniture, cars, appliances and personal effects), and a homestead allowance of $25,000. These are claimed in the estate.

Who inherits with no will in Virginia

If there is no will: the surviving spouse gets everything, unless the person had children (or descendants) who are not also the spouse's; then the spouse gets one-third and those children and descendants share two-thirds. With no spouse, everything goes to the children and their descendants; then to the parents; then to brothers and sisters and their descendants; then half to each parent's side of the family.

Law: Va. Code secs. 64.2-200, 64.2-201

Source: Official page

Related pages

Free help in Virginia

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.