When You Must File Virginia List of Heirs (Form CC-1611) and How to Complete It

The List of Heirs (Form CC-1611) is a one-page affidavit that names the decedent’s heirs at law as of the date of death. Once sworn and filed, the clerk records and indexes it in the court’s will books. The recorded list is accepted as reliable evidence of family relationships. Personal representatives cannot be paid before the List is furnished unless a permitted affidavit about unknown heirs is filed with the Commissioner of Accounts.

Plain English takeaway: even if there is a will, Virginia wants a List of Heirs on file so the court and third parties know the family tree that would apply if there were no will.

When You Must File Form CC-1611

Virginia law requires the List of Heirs in the following situations:

At qualification
If anyone qualifies as personal representative, the List of Heirs must be furnished at the time of qualification. This applies whether the decedent died with a will or without one.
Probating a will without qualification
If a will is presented for probate but no one is qualifying as executor or administrator, the person presenting the will must furnish the List of Heirs when the will is admitted to record.
Intestate death with no qualification within 30 days
If there is no will and no one has qualified within 30 days after death, any heir at law may file the List of Heirs.
Where to file
Furnish the List of Heirs to the court where the personal representative qualifies and to the clerk of the Circuit Court in each Virginia city or county where the decedent owned real estate.
Updates when information changes
If you later learn information that changes who should be included as an heir at law, file an additional List of Heirs to supplement the reco

Who Counts as an Heir at Law in Virginia

Heirs at law are determined by Virginia’s intestacy statute. In simple terms and measured as of the date of death:

Spouse and only mutual children: the spouse inherits everything.
Spouse and at least one child not of that spouse: the spouse takes one third and the decedent’s children take two thirds by representation.
No spouse: the children inherit. If a child predeceased, that child’s descendants take that share by representation.
If no spouse or descendants: next in line are parents, then siblings and their descendants, then more distant relatives by statute.

Additional rules that often matter:

Afterborn children conceived before death but born after are treated as if born during life.
Adopted children inherit from the adopting parent as natural children would.
Nonmarital children inherit when a legal parent-child relationship is established under Virginia law.
Stepchildren are not heirs unless adopted or unless the statute points to them because no closer kindred exist.

Important: list heirs, not beneficiaries named in the will. The will does not control who appears on CC-1611.

Filing Locations and Typical Fees

Where to file: file at the Circuit Court where the personal representative qualifies. Also furnish the List to the clerk in each Virginia locality where the decedent owned real property.
Fees: when there has been no will probated and no grant of administration, a state fee of $25 applies in lieu of probate tax to record a List of Heirs or a Real Estate Affidavit. Some localities also charge a local $25 fee by ordinance. Expect routine recording charges. Always verify the clerk’s current fee schedule.

How to Complete Virginia Form CC-1611 (Step by Step)

Get the official form and instructions
Ask the Circuit Court or visit the Supreme Court of Virginia forms page for Form CC-1611 and the CC-1611 Instructions. Use the most current version.
Confirm your capacity
Check the box that describes your role:
- Proponent of will (no qualification)
- Personal representative
- Heir at law of an intestate decedent when no one has qualified within 30 days
Complete the caption and decedent information
Enter the court name and file number if assigned, then the decedent’s full legal name and date of death.
List the heirs at law
For each heir include full name, complete mailing address, relationship to the decedent, and age if known. List only those who qualify as heirs at law as of the date of death. If an item like age is unknown after diligent inquiry, note it as unknown.
Mark if this is an additional list
If you are supplementing or correcting a prior filing, check the box and enter the date of the earlier List.
Sign under oath
Sign before the clerk, a deputy clerk, or a notary public. The signature is made under oath.
Record and distribute copies
File at qualification and furnish the List to the clerk in each Virginia locality where the decedent owned real property. Order certified copies for notices, banks, title companies, and your records.

Common Mistakes and How to Avoid Them

Listing will beneficiaries instead of heirs at law
CC-1611 is about heirs under the statute. Beneficiaries are not necessarily heirs.
Skipping a real estate locality
If the decedent owned Virginia land in more than one city or county, furnish the List to each clerk. Title problems often trace back to this omission.
Not updating the record
If you later discover an heir who should have been included, file an additional List.
Taking personal representative compensation before filing
Compensation is not permitted until the List is furnished unless the permitted affidavit about unknown heirs is filed with the Commissioner of Accounts.
Over-including descendants
If a child of the decedent survives, that child’s children are not heirs and should not be listed unless their parent predeceased and they take by representation.

Real Estate: How the List of Heirs Interacts With Title

The List of Heirs confirms heirship. For intestate estates where no formal probate occurs but the decedent owned Virginia real property, many title companies also request a Real Estate Affidavit (Form CC-1612) recorded in the land records where the property is located. CC-1612 recites the legal description, confirms intestacy, and lists the heirs and their last known addresses. It is commonly used with CC-1611 to establish a clear chain of title. It does not transfer title by itself but creates a reliable record.

Quick Checklist

Determine whether there will be qualification or a will presented without qualification.
Identify all heirs at law as of the date of death using Virginia’s intestacy rules.
Obtain Form CC-1611 and read the official instructions.
Complete the heir grid with names, addresses, relationships, and ages if known.
Check the proper capacity box and sign under oath before the clerk or a notary.
File at qualification and furnish the List to each real estate locality in Virginia.
If new information changes who should be listed, file an additional List.
If there is intestate Virginia real estate and no probate, consider recording Form CC-1612 in the land records where the property sits.
Maintain certified copies for banks, the Commissioner of Accounts, and title files.

Frequently Asked Questions

Do I need a List of Heirs if there is a will

Yes. Virginia wants the heirs at law on record even in a will case. The requirement applies at qualification and also when a will is admitted to record without qualification.

What if I cannot find an heir’s exact age or a current address

List the heir and provide whatever you have after diligent inquiry. The instructions allow age if known. Keep notes of your efforts.

Who files if no one has qualified within 30 days and there is no will

Any heir at law may file starting on day 31.

What if we later discover an omitted child or a newly established parent-child relationship

File an additional List of Heirs to correct the record. Heirs are measured as of the date of death, but the court record should be supplemented when new information shows who should have been listed.

Does CC-1611 transfer real estate

No. It establishes heirship. For intestate real property with no probate administration, use the Real Estate Affidavit and record it in the land records where the property is located. Many title companies ask for both CC-1611 and CC-1612.

Are there fees to file the List of Heirs

When there has been no will probated and no grant of administration, a state fee of 25 dollars applies in lieu of probate tax. Some localities add a local 25 dollar fee. Routine recording charges may also apply.

Yes. Virginia wants the heirs at law on record even in a will case. The requirement applies at qualification and also when a will is admitted to record without qualification.

List the heir and provide whatever you have after diligent inquiry. The instructions allow age if known. Keep notes of your efforts.

Any heir at law may file starting on day 31.

File an additional List of Heirs to correct the record. Heirs are measured as of the date of death, but the court record should be supplemented when new information shows who should have been listed.

Primary Sources and Official Forms to Reference

Virginia Code section 64.2-509 (List of heirs)
Virginia Code section 64.2-200 (Course of descents)
Form CC-1611 and CC-1611 Instructions (Supreme Court of Virginia)
Form CC-1612 and CC-1612 Instructions (Real Estate Affidavit)

Ask the clerk for the current versions or visit the Supreme Court of Virginia forms page to download them.

https://law.lis.virginia.gov/vacode/title64.2/chapter2/section64.2-509/

https://law.lis.virginia.gov/vacode/title64.2/chapter2/section64.2-200/

https://www.vacourts.gov/forms/circuit/cc1611.pdf

https://www.vacourts.gov/forms/circuit/cc1612.pdf

Why Legal Help Matters

Accurately identifying heirs and filing in every required locality protects the estate and prevents delays in probate and real estate transactions. An experienced Virginia probate attorney can verify heirship, prepare CC-1611, coordinate CC-1612 for real estate, and communicate with the Commissioner of Accounts as needed. This reduces risk and keeps matters moving.

We help families throughout the Shenandoah Valley with probate and estate planning. A short consultation can clarify next steps and prevent avoidable delays.