Affidavit of Notice

Virginia Code § 64.2-508.A-D requires that a fiduciary give notice of the estate to all interested parties within thirty days of qualification and to file an affidavit of such notice within four months of qualification.

The notice advises interested parties of the filing schedule for the estate and notifies them of their right to obtain copies of the filings by requesting the same from the fiduciary.

The required notice is the primary legal basis for an heir or other party to become aware of a pending estate in which that person might have an interest.

The commissioner is prohibited from approving “any settlement” until the fiduciary files the required affidavit. The commissioner has responsibility to enforce the filing of the affidavit and, therefore, requires the filing of a proper affidavit of notice as a part of the approval of the initial inventory.

NOTE:  The affidavit of notice must be filed with the Probate Division of the Fairfax County Circuit Court, located at 4110 Chain Bridge Road, Suite 401, Fairfax, VA 22030, accompanied by an $18 clerk’s fee.