The List of Heirs (Form CC-1611) identifies a deceased person’s heirs under Virginia’s intestacy rules. It is different from a list of beneficiaries named in a will. Virginia requires it at personal-representative qualification and, when no representative qualifies, when a will is presented for probate.
Get the official documents: Virginia List of Heirs Form CC-1611 and the official CC-1611 instructions.
Plain English takeaway: a will can leave property to someone who is not an heir, but the List of Heirs still identifies the family members who would inherit under the intestacy rules. A sworn list recorded under Virginia Code § 64.2-509 is prima facie evidence of its stated facts, meaning that evidence can be rebutted. It does not conclusively decide a disputed family relationship or transfer real estate.
When Form CC-1611 Is Required or Permitted
Section 64.2-509 provides three distinct filing routes:
- At qualification. A personal representative must furnish the sworn list when qualifying, whether the decedent died with a will or without one.
- Presenting a will without qualification. If no personal representative qualifies, the person presenting the will must furnish the list when the will is presented for probate. The trigger is presentation, rather than later admission to record.
- Intestate death with no qualification within 30 days. If the decedent died without a will and no personal representative has qualified within 30 days after death, an heir at law may file a sworn list. This is a permitted route, not a general deadline requiring every heir to file on day 31.
Where to file: furnish the required list to the court or clerk handling the qualification or will presentation, and to the circuit clerk in each Virginia jurisdiction containing real estate that is part of the decedent’s estate. Do not assume that every property the person once owned is estate property.
Which date controls: the list reflects the heirs as of the decedent’s death, applying the special afterborn-heir rules discussed below. If who should be included changes, file an additional List of Heirs to supplement the record.
Who Counts as an Heir at Law in Virginia
Heirs at law are identified through Virginia’s intestacy statutes. The following is a general outline for property passing under intestacy; it does not mean every asset in a person’s estate passes this way:
- Surviving spouse and no nonmutual descendants: the spouse generally receives the intestate property if there is no surviving child or descendant who is not also a child or descendant of that spouse.
- Surviving spouse and nonmutual descendants: if a surviving child or descendant is not also a child or descendant of the surviving spouse, the spouse generally receives one-third and the decedent’s children and descendants receive two-thirds. This can include descendants of a child who died before the decedent.
- No surviving spouse: the decedent’s children and descendants inherit under the statutory share rules. Do not assume that every grandchild takes a separate share or that every family branch receives the same amount.
- No surviving spouse or descendants: the statute proceeds to parents, then siblings and their descendants, and then more distant relatives under its detailed rules.
The personal-estate distribution statute follows the same persons and proportions after its stated expenses, debts and protections. See § 64.2-201 and the share rules in § 64.2-202.
Additional family rules can change the analysis:
- Afterborn relatives and assisted conception. Qualifying relatives conceived before death but born afterward inherit as if born during the decedent’s lifetime. Children born after death through assisted conception must satisfy the applicable parentage and inheritance rules, including the ten-month limitation in § 20-164. Review § 64.2-204 together with § 20-158 and § 20-164.
- Adoption. An adopted person is generally the child of the adopting parent rather than the biological parents. When a biological parent’s spouse adopts the child, the adoption does not alter the child’s relationship with either biological parent. See the current parent-child relationship rules in § 64.2-102.
- Parentage outside marriage. A legally recognized parent-child relationship can establish inheritance rights. Disputed or newly established parentage can involve proof and timing requirements, so obtain advice promptly rather than relying only on a family description.
- Stepchildren. A stepchild is not an heir solely because of that relationship. Adoption or the narrow rule for relatives of the decedent’s most recent spouse, if they were married when that spouse died, can change the result. That exceptional route must satisfy § 64.2-200(B).
If relatives died close in time, obtain advice about Virginia’s survival rules. Identifying heirs can require more than checking who was alive on a calendar date.
Important: list heirs, not simply beneficiaries named in the will. A will’s gifts do not replace the intestacy analysis required for CC-1611.
Filing Locations and Typical Fees
- Filing locations: follow the applicable qualification, will-presentation or intestate-heir route above. Include the required circuit-clerk filings for real estate that is part of the estate.
- Fees: the charge depends on whether a will has been probated or administration granted and whether the locality has imposed an authorized additional fee. Ask the clerk to confirm the applicable state and local charges and any requested copy charges. See § 58.1-1717.1 and § 58.1-3805.
How to Complete Virginia Form CC-1611 (Step by Step)
- Get the official form and instructions. Use the linked Virginia Courts CC-1611 form and instructions, rather than a third-party recreation.
- Confirm your filing capacity. Select the appropriate box: will proponent without qualification, personal representative, or heir of an intestate decedent with no qualification within 30 days after death.
- Complete the court and decedent information. Enter the court name, court file number if assigned, decedent’s full name and date of death.
- Identify the heirs and provide accurate information. Include names, addresses and relationships, with ages if known. Apply the date-of-death rule together with the special afterborn and parentage rules. Do not guess at missing facts; document your inquiry and ask the clerk or counsel how to address unresolved names or addresses.
- Identify an additional list. If supplementing a previous filing, check the additional-list box and enter the date of the earlier list.
- Sign under oath. The form provides for the oath before a clerk, deputy clerk or notary public. Follow the form’s jurat rather than signing it as an unsworn letter.
- File under the correct route and keep copies. Meet the applicable qualification or presentation trigger, or use the permitted intestate-heir route when available. Furnish required additional locality filings for estate real property and retain the recorded copy.
Common Mistakes and How to Avoid Them
- Copying the will’s beneficiary list. Identify heirs under the intestacy statutes even when the will leaves property elsewhere.
- Missing estate real property in another locality. Check which real estate is part of the estate and where it is located before deciding where additional lists must go.
- Leaving an inaccurate list uncorrected. File an additional list when who should be included changes.
- Taking personal-representative compensation too soon. Section 64.2-509(D) bars compensation until the list is filed unless the representative files the statutory affidavit before the Commissioner of Accounts that the heirs are unknown and diligent inquiry has not established their names, ages or addresses, as applicable. This exception is not a general substitute for investigating heirship.
- Automatically including or excluding grandchildren. The proper list depends on which relatives survive and the statutory share rules, not merely the number of generations shown on a family tree.
Real Estate: How the List of Heirs Interacts With Title
CC-1611 supplies prima facie evidence of its stated facts; it is not a deed or a guarantee of clear title. A different form, the Real Estate Affidavit, CC-1612, is available under § 64.2-510 for real property in an intestate decedent’s estate. An interested person, including a personal representative who has already qualified, may execute it.
The affidavit briefly describes the property and identifies the heirs and their last known addresses. Submit it to the circuit clerk where the property is located; the statute directs the clerk to record and index it as wills are recorded and indexed. Follow the official CC-1612 instructions, including their diligent-inquiry affidavit attachment.
Neither form itself conveys ownership or resolves every title issue. For help reviewing inherited property and the appropriate filings, explore our real estate services.
Quick Checklist
- Identify the qualification, will-presentation or permitted intestate-heir route.
- Determine heirs under the applicable family and share rules, including afterborn rules.
- Obtain the official CC-1611 form and instructions.
- Provide accurate names, addresses and relationships, with ages if known.
- Check the correct capacity box and sign under oath before an authorized officer.
- Meet the applicable filing trigger and furnish required lists where estate real property is located.
- File an additional list if who should be included changes.
- For intestate real property, consider whether CC-1612 and its required supporting materials are appropriate.
- Keep recorded copies and a record of unresolved facts and the inquiries made.
Frequently Asked Questions
Do I need a List of Heirs if there is a will?
Yes. A personal representative furnishes the list at qualification. If no representative qualifies, the will proponent furnishes it when the will is presented for probate. The list identifies heirs under intestacy, even if the will names different beneficiaries.
What if I cannot find an heir’s exact age or current address?
The official instructions ask for age if known. Do not invent an address or assume that every missing field can simply be left blank. Document your inquiry and ask the clerk or counsel how to address unresolved information. The compensation-affidavit exception in § 64.2-509(D) has separate conditions.
Who may file if there is no will and no one qualifies within 30 days?
An heir at law of an intestate decedent may file a sworn list if no personal representative has qualified within 30 days following death. This permissive route is separate from the required list at qualification or will presentation.
What if we later discover an omitted heir?
File an additional List of Heirs if who should be included changes. Apply the date-of-death rule with the special afterborn and parentage provisions; later discovery does not mean that later family events automatically change the heirs.
Does CC-1611 transfer real estate?
No. A sworn, recorded list is prima facie evidence of its stated facts, not a deed or a conclusive title determination. CC-1612 may also be appropriate for intestate estate real property under § 64.2-510, including when a personal representative has qualified.
Are there fees to file the List of Heirs?
Applicable charges depend on whether a will has been probated or administration granted and whether an authorized local fee has been imposed. Confirm the total with the circuit clerk, including any charges for requested copies.
Primary Sources and Official Forms to Reference
- Virginia Code § 64.2-509: List of Heirs.
- § 64.2-200, § 64.2-201 and § 64.2-202: intestacy and share rules.
- Official CC-1611 form and instructions.
- § 64.2-510: intestate real estate affidavits, CC-1612 form and instructions.
Why Legal Help Matters
A missing heir, a disputed parent-child relationship or the wrong filing route can complicate estate administration and inherited-property transactions. A Virginia probate attorney can help verify the family information, prepare the appropriate filings and address questions with the clerk or Commissioner of Accounts.
We help families throughout the Shenandoah Valley with probate and estate planning. A short consultation can clarify next steps and prevent avoidable delays.
