CHAPTER 384

An Act to amend and reenact § 64-127, as amended, of the Code of Vir-
ginia, relating to list of heirs furnished by personal representatives
to certain courts.

[S 277]

Approved April 2, 1968

Be it enacted by the General Assembly of Virginia:
1. That § 64-127, as amended, of the Code of Virginia be amended and
reenacted as follows:
§ 64-127. List of heirs.—Every personal representative of a decedent,
whether such decedent died testate or intestate, shall, at the time of his
qualification, furnish the court or clerk before which or before whom he
qualifies and the clerk of court of any city or county wherein deeds are
recorded, in which the decedent died seized of any real estate, a list con-
taining his name, with his post-office and street address, if any, and:

(1) The names and, as far as possible, the ages and addresses of the
heirs of his decedent, if intestate; or, if his decedent died testate, the names,
ages and addresses of those persons who would have been the decedent’s
heirs had he died intestate ; and

(2) The degree of kinship of each to the decedent, accompanied by
affidavit that he has made diligent inquiry as to such names, ages and
addresses and that he believes such list to be true and correct.

The clerk shall record such list in the will book and index in the name
of the decedent as grantor and the heirs as grantees. Such list so made and
recorded shall be prima facie evidence of the facts therein stated. The cost
of recording such list shall be deemed a part of the cost of administration
and be paid out of the estate of the decedent. Such personal representative
shall not receive any compensation for his services until such list is filed *
unless he files an affidavit before the commissioner of accounts that the
heirs are unknown to him and that after diligent inquiry he has been
unable to ascertain their names, ages or addresses, as the case may be.