Real Estate Affidavit

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 decedent’s heirs at law as codified in VA Code § 64.2-200.

A $44.00 filing fee along with the completed Real Estate Affidavit may be filed in the Circuit Court Clerk’s Office Monday-Friday 8:00 AM - 4:30 PM or mailed directly to:

Newport News Circuit Court Clerk’s Office
Probate Division
2500 Washington Ave.
Newport News, VA 23607

Please attach a copy of the death certificate with your submission.

If you have general inquiries regarding the Real Estate Affidavit, please feel free to call the Circuit Court Clerk’s Office at 757-926-8561 and we will be happy to assist you. For direct guidance and/or questions regarding affidavits of real property or for issues related to intestate succession, please consult an attorney licensed to practice law in the state of Virginia.