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Estate Administration 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 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.

As the statute specifically refers to settlement of an account, the Manual for Commissioners of Account states that “the Commissioner should approve the inventory regardless of whether the affidavit has been filed.”1  In Fairfax, the commissioner has declined to follow this interpretation of the Virginia Code. In the opinion of the Fairfax commissioner, 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. If the notice is not timely and properly given, its effectiveness may be limited by the disbursement of the assets of the estate prior to the filing of the first account. Therefore, in Fairfax, the commissioner requires the filing of a proper affidavit of notice as a part of the approval of the initial inventory.



1  Manual for Commissioners of Accounts at §5.105 (Virginia Law Foundation, 4th ed. 2009).



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