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Estates with Real Estate only
If there is a will
Procedures and Instructions
  1. You must probate the will with the Clerk.
  2. Please follow these instructions.

If there is no will
Procedures and Instructions
  1. The real estate will pass according to the heirs in accordance with 64.2-200.
    1. The surviving spouse, unless there are children of someone other than with the surviving spouse, in which case, one-third passes to the surviving spouse and the remaining two-thirds is divided among all children.
    2. If no surviving spouse, all assets pass to the children and their descendants. 
    3. If none, then all assets pass to the deceased's father and mother, or the survivor. 
    4. If none, than all passes to the deceased's brothers and sisters or their descendants. 
    5. For further heirs please review 64.2-200.
  2. One heir must fill out the, Real Estate Affidavit, with the heirs defined in number 1.
    1. The heir must sign it front of a notary.  
    2. The heir must include a description of the property.  Please any of information that you know:
      1. Address
      2. Tax-Map
      3. Acreage
      4. Magisterial District and/or subdivision and lot number.
  3. Once the form is complete it can be mailed to the Dinwiddie Circuit Court with following to have it recorded in the will book:
    1. Check for $42.
    2. Self Addressed stamped envelope for the return of the recorded documents.
  4. Once the form has been recorded it will transfer all interest in real estate/property owned by decedent to the heirs listed in the Real Estate Affidavit.

Frequently Asked Questions for Estates with Real Estate only

*The following information on this page is not intended to be legal advice if you have any questions please consult an attorney.


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