About Real Estate Affidavit
Allows a person with an interest in the decedent's real property or a qualified personal representative to establish ownership of real estate when the decedent died intestate.
When you'd use it: When a decedent died intestate as to real estate and the affiant needs to establish the decedent's heirs and record the affidavit in the circuit court clerk's office.
Where to get the official form
The official version of Real Estate Affidavit is published as a PDF by the Virginia courts. We checked this link and it resolved to a form on an official court or government website — always download the current version directly from the source rather than a third-party copy:
Verified official PDF
Download Real Estate Affidavit (PDF) →
Source: vacourts.gov
Link last checked: May 30, 2026
How to file Real Estate Affidavit in Virginia
- Step 1 — Confirm you have the correct formUse Real Estate Affidavit (CC-1612) when when a decedent died intestate as to real estate and the affiant needs to establish the decedent's heirs and record the affidavit in the circuit court clerk's office. Double-check it's the right form for your situation — Virginia probate forms are revised periodically, so verify the name and number against your court's current form list before you start.
- Step 2 — Complete every required fieldFill out Real Estate Affidavit carefully and review it for errors before filing. Probate cases can already take months — a small mistake on the form can set your timeline back further.
- Step 3 — Get it notarized or witnessed if requiredSome probate forms must be signed in front of a notary or witnesses. Check the instructions on the form itself, and arrange notarization before you file if it's required.
- Step 4 — File it with the correct courtSubmit Real Estate Affidavit to the probate court or county clerk handling the estate — usually in the Virginia county where the deceased lived. Ask the clerk how they prefer to receive filings (in person, by mail, or e-filing).