Smyth County Real Estate Affidavit Form (Virginia)

All Smyth County specific forms and documents listed below are included in your immediate download package:

Real Estate Affidavit Form

Smyth County Real Estate Affidavit Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Smyth County compliant document last validated/updated 11/5/2024

Real Estate Affidavit Guide

Smyth County Real Estate Affidavit Guide

Line by line guide explaining every blank on the form.
Included Smyth County compliant document last validated/updated 8/7/2024

Completed Example of the Real Estate Affidavit Document

Smyth County Completed Example of the Real Estate Affidavit Document

Example of a properly completed form for reference.
Included Smyth County compliant document last validated/updated 9/11/2024

When using these Real Estate Affidavit forms, the subject real estate must be physically located in Smyth County. The executed documents should then be recorded in the following office:

Smyth Clerk of Circuit Court

County Courthouse - 109 West Main St, Suite 1081, Marion, Virginia 24354

Hours: 9:00 to 5:00 M-F / Recording until 4:30

Phone: (276) 782-4044

Local jurisdictions located in Smyth County include:

  • Atkins
  • Chilhowie
  • Marion
  • Saltville
  • Sugar Grove

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Smyth County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Smyth County using our eRecording service.
Are these forms guaranteed to be recordable in Smyth County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Smyth County including margin requirements, content requirements, font and font size requirements.

Can the Real Estate Affidavit forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Smyth County that you need to transfer you would only need to order our forms once for all of your properties in Smyth County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Virginia or Smyth County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Smyth County Real Estate Affidavit forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

When a decedent dies intestate (without a valid will), his probate property passes according to the course of descents, codified at Va. Code 64.2-200. The course of descents is an ordered list of heirs at law who have priority to inherit the estate when the decedent fails to provide instruction in a will. The administrator of the estate must compile a list of heirs in compliance with Va. Code 64.2-509 to determine who has an interest in the estate. The inheritance of property by an intestate decedent's heirs is sometimes referred to as intestate succession.

If the intestate decedent dies owning real property, any person having an interest in the estate, including the qualified personal representative, can execute and record an affidavit of real estate under Va. Code 64.2-510. Upon recording, the clerk of the circuit court will notify the commissioner of the revenue, who in turn transfers the real estate in the land books (64.2-510(B)). Once recorded, the affidavit transfers all interest in the described real estate owned by decedent to the heirs listed and evidences the change of ownership to the property.

The affidavit (Form CC-1612) gives the file number of the probate and the court with jurisdiction, as well as the name and date of death of the decedent and the name and address of the subscriber (affiant), stating what interest the subscriber has in the estate. In addition, it describes the subject real estate, acknowledges that the decedent died intestate, and gives the name, address, relation to the decedent, and age of each heir at law. Each subscriber's signature is required.

Finally, the affidavit must meet content and formatting standards for recorded documents related to real property in the Commonwealth of Virginia and in the relevant independent city or county. Record the affidavit in the circuit court where the real estate is located. Contact the circuit court with questions regarding recording.

Consult a lawyer with questions about affidavits of real property or for issues related to intestate succession in the Commonwealth of Virginia, as each situation is unique.

(Virginia REA Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Smyth County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Smyth County Real Estate Affidavit form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

4.8 out of 5 - ( 4434 Reviews )

James S.

November 21st, 2024

Forms used, created quitclaim deed that the county accepted without a second look (turns out they see deeds.com forms regularly via erecording and in person). Will be back for any real estate related forms I need and they carry. Will always be my first stop. Also, will use erecording next time, mad I didn't see it this time.

Reply from Staff

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Thomas G.

November 21st, 2024

Wasn’t what I expected

Reply from Staff

Sorry to hear that your expectations were missed. Your order has been canceled. We do hope that you find something more suitable to your expectations elsewhere. Do keep in mind that purchasing legal forms should not be an exploratory endeavor.

Jimmy P.

November 20th, 2024

They sent me everything I would need to do this. Easy purchase -Easy download. Great!! I'll be back here for all my document needs.

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Vertina B.

June 14th, 2022

The website is well established and easy to use. I got everything I was supposed to get. I had no problem downloading the forms. All of the forms printed well.

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April 8th, 2019

The Web site is very intuitive, organized well and forms are easily found. The instructions provided are very helpful. Value in terms of price is very good.

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Richard A.

June 24th, 2020

Great product. It would be better if the document files were not embedded within other files. It made downloading a little confusing. The titles of the forms did not match exactly word for word, which required a lot of back and forth to make sure I had downloaded the proper document. What would be great is if once you download a document, the hyperlink changed color, or somehow denoted the document had been downloaded. Just a suggestion. You have my email address if you have questions. STILL! Five stars for you guys. I would not let that hiccup dissuade me from buying any form package from you guys. Thanks!

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Crystal P.

April 16th, 2024

This service is amazing! We have tried several other online recording services which all disappointed. Deeds.com got all three of our documents recorded same day as invoice payment. Thank you for the quick turn around! We will be using this service often.

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MATTHEW R.

March 12th, 2021

Absolutely amazing throughout the whole process

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Debra B.

April 14th, 2020

I was very glad to have this option for filing a form as it would have taken 4 days due to offices being closed to the public during the COVID 19 epidemic. I found the process to be fairly simple and I was able to file the document within 24 hours.

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Dretha W.

January 11th, 2019

Ordered the fill in the blank form for a deed. Very professional looking but more importantly, correct for my recording office. It was recorded with no question. The guide was a big help in completed the deed.

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Roger W.

August 3rd, 2020

worked very good or me

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December 12th, 2022

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August 17th, 2020

Quick turnaround and superior customer service from my reviewer. Above and beyond my expectations and took the time to look into the lengthy list of other counties I have to confirm you are able to e-record for me. I appreciate all the time and effort taken to help me.

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Thomas C.

April 12th, 2023

I got the right form but I waited too long to use it and Oregon changed the formatting. I should have checked and made sure the form was still good. Deeds responded quickly.

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Brenda Y.

January 14th, 2020

Five stars rating for sure. All so easy to download and print from your home computer. I live in rural Arizona and have no store to run in to like the lady at the County office told me, so Deeds.com is the best.

Brenda Y.

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