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Virginia Real Estate After Death
Support GuideVirginia10 min read

Virginia Real Estate After Death

Solely owned Virginia real estate vests in heirs or devisees at death. File the List of Heirs (CC-1611) and record the Real Estate Affidavit (CC-1612).

By Settled Editorial

Here is the short answer. In Virginia, solely owned real estate passes to the heirs or devisees at the moment of death. Title does not wait for probate. When someone dies with a will, the property goes to the devisees named to take it. When someone dies without a will, it goes to the heirs at law under the state's intestacy rules in Va. Code §64.2-200. Probate confirms this title in the public record. It does not create or convey it.

You update the land record in two steps. The personal representative files a List of Heirs (Form CC-1611) with the Clerk when the estate is opened, under Va. Code §64.2-509. For an intestate estate, an heir can also record a Real Estate Affidavit (Form CC-1612) in the land records under Va. Code §64.2-510. Both documents are filed with the Clerk of the Circuit Court in the jurisdiction where the property sits. Virginia has no "Register of Deeds." The Circuit Court Clerk keeps both the probate file and the land records.

This guide explains how Virginia real estate moves at death, what each form does, and when the property can still be pulled back into the estate. Pair it with the Virginia probate guide for the full process and the Virginia estate hub for your other tasks.

Real Estate Vests at Death

This is the rule that sets Virginia apart from many states. Solely owned real property does not pass through estate administration the way a bank account does. It vests directly in the new owners the instant the prior owner dies.

Va. Code §64.2-200 sets the order of descent for intestate real estate. If there is a valid will, the property follows the will to the people it names. Either way, the new owners hold legal title from the date of death forward. There is no waiting period and no court order that "transfers" the land to them.

So what does probate do for real estate? It documents the chain of title. The List of Heirs and the Real Estate Affidavit put the names of the new owners into the public record so future buyers, lenders, and title examiners can trace ownership. Think of probate as confirming a transfer that already happened, not making one happen.

One practical effect: heirs and devisees can often act on the property right away. They can pay the mortgage, insure the home, and plan a sale. They should still wait to clear the title record and resolve estate debts before closing on a sale. More on that below. For complex situations, including multiple heirs, an unclear deed, or a surviving spouse, talk to a Virginia attorney before taking action on the property.

The List of Heirs (Form CC-1611)

The List of Heirs is the first document that records who inherits. Whoever offers the will for probate, or applies to administer an estate with no will, files it with the Clerk of the Circuit Court. The duty comes from Va. Code §64.2-509.

The List of Heirs names the decedent's heirs at law as of the date of death. It lists each heir's name, age, address, and relationship to the decedent. The form is filed under oath. You file it even when there is a will, because the Clerk records the legal heirs alongside the will.

You can pull the current form from the Virginia Circuit Court forms library or the Virginia Court Self-Help probate forms page. The Clerk indexes the filing, which creates a searchable record tying the heirs to the decedent's real estate.

The Real Estate Affidavit (Form CC-1612)

The Real Estate Affidavit is the document that puts intestate ownership directly into the land records. It is built for the case where someone dies without a will and owns real estate. An heir, or someone acting for the heirs, records it under Va. Code §64.2-510.

The affidavit identifies the decedent, the date of death, the real estate, and the heirs who take it under intestacy. Once recorded in the land records, it gives a title examiner a clear statement of who now owns the property and why. This matters most when the heirs want to sell or refinance, because a buyer's title company needs a clean record of the transfer.

You record the Real Estate Affidavit with the Clerk of the Circuit Court for the city or county where the property is located, in that office's land records, not in a separate deeds office. Get the current form from the Virginia Circuit Court forms library. Confirm the local recording fee and any cover sheet with your Virginia Circuit Court before you file.

A note on where the property sits. The estate may be probated in the county or city where the decedent lived. The real estate, though, is recorded where the land is. If the home is in a different jurisdiction than the one handling the estate, you record the Real Estate Affidavit with the Clerk for the property's location.

When Real Estate Comes Back Into the Estate

Vesting at death does not put the home out of reach of creditors. Virginia real estate vests in heirs subject to estate debts; if personal property is not enough, the personal representative can bring the real estate into the estate to pay claims under Va. Code §64.2-532. The order in which those debts are paid is set in Va. Code §64.2-528.

What this means in practice:

  • The home passes to the heirs or devisees at death.
  • The heirs hold title, but that title is subject to estate creditors.
  • If personal property covers the debts, the real estate stays with the heirs.
  • If personal property falls short, the real estate can be sold to make up the difference.

This is why heirs should not rush a sale before the estate's debts are settled. A buyer's title company will look for open estate claims. Resolve the debts and demands process first, then close. The Virginia probate guide explains how creditor claims fit the timeline.

Survivorship and TOD Deed Alternatives

Not all Virginia real estate passes through this heirs-and-devisees path. Two common arrangements move title outside it.

Survivorship deeds. If the deed holds the property in joint tenancy with right of survivorship, or in tenancy by the entirety between spouses, the surviving owner takes full title automatically. The survivor usually clears the record with a certified death certificate and a recording step at the land records. Virginia does not presume survivorship. The deed must state it expressly, so read the deed language before you assume the property passed to a survivor.

Transfer on death deeds. Virginia allows a property owner to record a transfer-on-death deed during life under the Uniform Real Property Transfer on Death Act, Va. Code §64.2-621 through §64.2-638. If the owner recorded one before death, the property passes to the named beneficiary outside probate. The Virginia transfer on death deed guide covers how that tool works and how to record it.

When one of these applies, you do not need the List of Heirs or Real Estate Affidavit to move the property. You still confirm the deed language and the death record. When neither applies, the heirs-and-devisees path in this guide governs.

Selling the Inherited Property

Many families inherit a home they plan to sell. Vesting at death helps here, because the heirs or devisees already hold title and can market the property. Before closing, line up the record and the debts.

A clean sale usually needs:

  • A recorded List of Heirs or Real Estate Affidavit showing who owns the property
  • A resolved estate, so no open creditor claim clouds the title
  • Agreement among all co-owners when more than one person inherits

When several heirs inherit together, all of them must sign the deed to a buyer unless one acts under a recorded power. The Virginia selling inherited property guide walks through the sale steps, co-owner issues, and tax basis.

Real Estate After Death Checklist

  1. Pull the recorded deed to confirm how the decedent held title.
  2. Check for survivorship language or a recorded transfer-on-death deed first.
  3. If neither applies, identify the heirs at law or the devisees under the will.
  4. File the List of Heirs (CC-1611) with the Clerk when the estate is opened.
  5. For an intestate estate, record the Real Estate Affidavit (CC-1612) in the land records where the property sits.
  6. Confirm the correct Clerk of the Circuit Court for the property's location.
  7. Keep the property insured and the mortgage current while the record is updated.
  8. Resolve estate debts before closing any sale.
  9. Get all co-owners to sign when more than one person inherits.

Common Questions

Does Virginia real estate go through probate?

Solely owned real estate vests in the heirs or devisees at the moment of death under Va. Code §64.2-200. Probate confirms the title in the public record through the List of Heirs (CC-1611) and, for intestate estates, the Real Estate Affidavit (CC-1612). It does not convey the property.

What is the difference between CC-1611 and CC-1612?

The List of Heirs (CC-1611) is filed with the Clerk when the estate is opened and names the decedent's heirs at law under Va. Code §64.2-509. The Real Estate Affidavit (CC-1612) is recorded in the land records to document intestate ownership of real estate under Va. Code §64.2-510.

Where do I record the Real Estate Affidavit?

With the Clerk of the Circuit Court in the city or county where the property is located, in that office's land records. Virginia has no separate Register of Deeds. The Circuit Court Clerk keeps both the probate file and the land records.

Can creditors reach inherited Virginia real estate?

Yes. Real estate stays subject to the decedent's debts. If the estate's personal property cannot cover valid claims, the personal representative can bring the real estate back into the estate and sell it to pay those debts.

Can heirs sell the house right away?

The heirs hold title from the date of death, so they can plan a sale. They should record the chain of title and resolve estate debts before closing, because a buyer's title company will look for open claims.

A Note on Legal Advice

This guide is general information, not legal advice. Virginia practice varies by jurisdiction, and your Clerk of the Circuit Court may ask for a local format or extra documentation. Title questions on inherited real estate can be complex, especially with multiple heirs or unclear deeds. Verify the current forms and recording requirements with your Clerk of the Circuit Court, and consult a Virginia attorney for your specific situation. For your full set of tasks, start at the Virginia probate hub.

This guide is general information about Virginia estates. It is not legal advice. Confirm anything that affects your situation with the Clerk of the Circuit Court, the Commissioner of Accounts, or a licensed Virginia attorney.

Sources

Information current as of June 9, 2026

This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Virginia can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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