{"law_id":"774287","edition_id":"11","section_id":"774287","structure_id":"3183","section_number":"64.2-509","catch_line":"List of heirs","history":"Code 1950, \u00a7 64-127; 1954, c. 182; 1968, cc. 384, 656, \u00a7 64.1-134; 1984, c. 339; 1994, c. 327; 1998, c. 610; 2010, c. 585; 2012, c. 614.","full_text":"A Every personal representative of a decedent, whether the decedent died testate or intestate, shall, at the time of his qualification, and every proponent of a will where there is no qualification of a personal representative, shall, at the time the will is presented for probate, furnish a list of heirs under oath in accordance with a form provided to each clerk of court by the Office of the Executive Secretary of the Supreme Court or a computer-generated facsimile thereof to the court or clerk where the personal representative qualifies and to the clerk of the circuit court for the jurisdiction where any real estate that is part of the decedent’s estate is located.\r\rB If there has been no qualification of a personal representative within 30 days following the decedent’s death, a list of heirs, made under oath in accordance with the form provided to each clerk or a computer-generated facsimile thereof, may be filed by any heir at law of a decedent who died intestate.\r\rC The clerk shall record the list of heirs in the will book and index the list in the name of the decedent and the heirs. A list of heirs made under oath and recorded pursuant to this section shall be prima facie evidence of the facts contained in the list. The cost of recording the list shall be deemed a part of the cost of administration and be paid out of the estate of the decedent.\r\rD The personal representative shall not receive any compensation for his services until the list of heirs is filed unless he files an affidavit before the commissioner of accounts that the heirs are unknown to him and that after diligent inquiry he has been unable to ascertain their names, ages, or addresses, as the case may be.\r\rE The list of heirs filed pursuant to this section shall reflect the heirs in existence on the date of the decedent’s death. If there are any changes as to who should be included on the list of heirs, an additional list of heirs shall be filed that includes such changes.\r\r","order_by":null,"text":{"0":{"id":"2496633","text":"Every personal representative of a decedent, whether the decedent died testate or intestate, shall, at the time of his qualification, and every proponent of a will where there is no qualification of a personal representative, shall, at the time the will is presented for probate, furnish a list of heirs under oath in accordance with a form provided to each clerk of court by the Office of the Executive Secretary of the Supreme Court or a computer-generated facsimile thereof to the court or clerk where the personal representative qualifies and to the clerk of the circuit court for the jurisdiction where any real estate that is part of the decedent’s estate is located.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1},"1":{"id":"2496634","text":"If there has been no qualification of a personal representative within 30 days following the decedent’s death, a list of heirs, made under oath in accordance with the form provided to each clerk or a computer-generated facsimile thereof, may be filed by any heir at law of a decedent who died intestate.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1},"2":{"id":"2496635","text":"The clerk shall record the list of heirs in the will book and index the list in the name of the decedent and the heirs. A list of heirs made under oath and recorded pursuant to this section shall be prima facie evidence of the facts contained in the list. The cost of recording the list shall be deemed a part of the cost of administration and be paid out of the estate of the decedent.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1},"3":{"id":"2496636","text":"The personal representative shall not receive any compensation for his services until the list of heirs is filed unless he files an affidavit before the commissioner of accounts that the heirs are unknown to him and that after diligent inquiry he has been unable to ascertain their names, ages, or addresses, as the case may be.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1},"4":{"id":"2496637","text":"The list of heirs filed pursuant to this section shall reflect the heirs in existence on the date of the decedent’s death. If there are any changes as to who should be included on the list of heirs, an additional list of heirs shall be filed that includes such changes.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1}},"ancestry":{"1":{"id":"3183","name":"List Of Heirs And Affidavit Of Real Estate.","identifier":"2","label":"article","url":"\/64.2\/II\/5\/2\/"},"2":{"id":"1099","name":"Personal Representatives And Administration Of Estates","identifier":"5","label":"chapter","url":"\/64.2\/II\/5\/"},"3":{"id":"213","name":"Wills And Decedents' Estates","identifier":"II","label":"subtitle","url":"\/64.2\/II\/"},"4":{"id":"212","name":"Wills, Trusts, And Fiduciaries","identifier":"64.2","label":"title","url":"\/64.2\/"}},"structure_contents":{"0":{"id":"774287","structure_id":"3183","section_number":"64.2-509","catch_line":"List of heirs","url":"\/64.2-509\/","token":"64.2\/II\/5\/2\/64.2-509"},"1":{"id":"792392","structure_id":"3183","section_number":"64.2-510","catch_line":"Affidavit relating to real estate of intestate decedent","url":"\/64.2-510\/","token":"64.2\/II\/5\/2\/64.2-510"}},"next_section":{"id":"792392","structure_id":"3183","section_number":"64.2-510","catch_line":"Affidavit relating to real estate of intestate decedent","url":"\/64.2-510\/","token":"64.2\/II\/5\/2\/64.2-510"},"metadata":{"court_decisions":{}},"court_decisions":{},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/64.2-509\/","references":[{"id":"768903","section_number":"58.1-1717.1","catch_line":"Tax in lieu of probate tax","url":"\/58.1-1717.1\/"},{"id":"766639","section_number":"58.1-1718","catch_line":"City or county probate tax","url":"\/58.1-1718\/"},{"id":"794361","section_number":"58.1-3805","catch_line":"Levy","url":"\/58.1-3805\/"}],"refers_to":false,"url":"\/64.2-509\/","token":"64.2\/II\/5\/2\/64.2-509","formats":{"txt":"\/64.2-509.txt","json":"\/64.2-509.json","xml":"\/64.2-509.xml"},"dublin_core":{"Title":"List of heirs","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-509","Relation":"Code of Virginia"},"plain_text":"                                 CODE OF VIRGINIA\n\nLIST OF HEIRS (\u00a7 64.2-509)\n\nA. Every personal representative of a decedent, whether the decedent died\ntestate or intestate, shall, at the time of his qualification, and every\nproponent of a will where there is no qualification of a personal\nrepresentative, shall, at the time the will is presented for probate, furnish a\nlist of heirs under oath in accordance with a form provided to each clerk of\ncourt by the Office of the Executive Secretary of the Supreme Court or a\ncomputer-generated facsimile thereof to the court or clerk where the personal\nrepresentative qualifies and to the clerk of the circuit court for the\njurisdiction where any real estate that is part of the decedent’s estate\nis located.\n\nB. If there has been no qualification of a personal representative within 30\ndays following the decedent’s death, a list of heirs, made under oath in\naccordance with the form provided to each clerk or a computer-generated\nfacsimile thereof, may be filed by any heir at law of a decedent who died\nintestate.\n\nC. The clerk shall record the list of heirs in the will book and index the list\nin the name of the decedent and the heirs. A list of heirs made under oath and\nrecorded pursuant to this section shall be prima facie evidence of the facts\ncontained in the list. The cost of recording the list shall be deemed a part of\nthe cost of administration and be paid out of the estate of the decedent.\n\nD. The personal representative shall not receive any compensation for his\nservices until the list of heirs is filed unless he files an affidavit before\nthe commissioner of accounts that the heirs are unknown to him and that after\ndiligent inquiry he has been unable to ascertain their names, ages, or\naddresses, as the case may be.\n\nE. The list of heirs filed pursuant to this section shall reflect the heirs in\nexistence on the date of the decedent’s death. If there are any changes as\nto who should be included on the list of heirs, an additional list of heirs\nshall be filed that includes such changes.\n\nHISTORY: Code 1950, \u00a7 64-127; 1954, c. 182; 1968, cc. 384, 656, \u00a7 64.1-134;\n1984, c. 339; 1994, c. 327; 1998, c. 610; 2010, c. 585; 2012, c. 614."}