Affidavit In Lieu Of Title Application (N/a)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Affidavit In Lieu Of Title Application (N/a) is a commonly used form within Virginia. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Affidavit In Lieu Of Title Application (N/a)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Affidavit In Lieu Of Title Application (N/a):

• This form pertains to the State of Virginia

• The current version of this form was last revised on April 25, 2023

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Virginia’s Form Affidavit In Lieu Of Title Application (N/a) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Virginia form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Virginia probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Affidavit In Lieu Of Title Application (N/a), take a break, and then review. Probate and estate settlement processes in VA are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Affidavit In Lieu Of Title Application (N/a) online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Affidavit In Lieu Of Title Application (N/a) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Virginia.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster Virginia can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Virginia. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Virginia is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Virginia probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Virginia probate clerk or court for exact answers regarding Form Affidavit In Lieu Of Title Application (N/a), and when in doubt— consult a qualified trust & estates lawyer for that area.

Affidavit In Lieu Of Title Application (N/a) is one of the many probate court forms available for download through Atticus.

It may also be available through some Virginia probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Virginia.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Affidavit In Lieu Of Title Application (N/a) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Virginia probate court office.

Affidavit In Lieu Of Title Application (N/a) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Virginia-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Virginia Form Affidavit In Lieu Of Title Application (N/a). You can use this to get an idea of the context of the form and what type of information is needed.

VSA 12 (04/25/2023) AFFIDAVIT IN LIEU OF TITLE CERTIFICATE PURPOSE: Use this form to certify unavailability of a current certificate of title for a motor vehicle or manufactured home due to loss, unlawful detainment or other legitimate circumstance. INSTRUCTIONS: Complete both sides of this form and either the VSA 17A or VSA 17B (see reverse for instructions). Submit all forms and applicable fees to DMV at the address above, attention Titling Work Center or present to any DMV Customer Service Center. CERTIFICATION AND INDEMNIFICATION SECTION and AFFIDAVIT VERIFICATION SECTION MUST BE COMPLETED ON PAGE 2 OR FORM WILL NOT BE PROCESSED. INSURANCE COMPANIES ONLY: Submit all forms and applicable fees to DMV at the address above, attention Vehicle Branding Work Center. AUTHORIZED AGENT/REPRESENTATIVE NAME (print) (insurance companies only) OWNER TELEPHONE NUMBERCO-OWNER TELEPHONE NUMBER VEHICLE OWNER INFORMATION OWNER NAME (print) (if owner is an insurance company enter company name)CO-OWNER NAME (print) IS OWNER AN INSURANCE COMPANY?If yes, vehicle MUST have been acquired as part of the claims process. Enter authorized agent/representative name in the space provided below. An additional $25.00 fee applies. NO -- See reverse for additional requirements/fees. YES -- OWNER CUSTOMER NUMBER / FEIN Vehicle was aquired as a result of the claims process. VEHICLE INFORMATION MAKE MODEL BODY TYPECOLOR VEHICLE IDENTIFICATION NUMBER (VIN) YEAR SUPPORTING INFORMATION - REQUIRED I/we submit this affidavit in support of my/our application for a certificate of title, salvage certificate or non-repairable certificate for the vehicle described above. The facts regarding my/our acquisition of the vehicle, the reason(s) I/we am/are unable to present a certificate of title for said vehicle, and a description of all efforts made to secure the title are as follows: VSA 12 (04/25/2023) INSTRUCTIONS In order to register a motor vehicle, manufactured home, or to secure a new title for such a vehicle, the customer must submit a certificate of title. If unable to do so because the title is lost, unlawfully detained by someone who currently holds the title, or if the title is otherwise not available, the customer may file an affidavit instead. Insurance Companies When an insurance company files an affidavit, the affidavit must indicate that the vehicle was acquired as a result of the claims process with the attached supporting documentation showing a claim was paid. Also the affidavit must include a description of the applicant's efforts to obtain the title from the previous owner. DMV will review the customer's applications and affidavit submitted along with information concerning the circumstances of the case. If DMV determines that the customer is entitled to registration and or titling, it will register the vehicle and issue a new registration card, license plate(s) and a certificate of title, salvage certificate or non-repairable certificate. Pursuant to Virginia Law, if the current certificate of title for a motor vehicle, trailer, semitrailer or manufactured home is unavailable due to legitimate circumstances, the steps below must be followed: 1. Applicant (owner) must complete and submit form VSA 12, Affidavit in Lieu of Title Certificate. 2. Applicant must also complete and submit with this form one of the following: a. Application for Certificate of Title and Registration, VSA 17A -- Applicants use this form to apply for a title and/or to register a passenger vehicle, truck, motor home (RV), trailer, motorcycle, or for-hire vehicle. b. Application for Certificate of Title - Manufactured Home, VSA 17B -- Applicants use this form to apply for a title to a manufactured home. c. Salvage Certificate Application, VSA 56 -- Applicants use this form to apply for a salvage certificate. d. Application For Non-Repairable Certificate, VSA 57 -- Applicants use this form to apply for a no-fee non-repairable certificate. Insurance companies use this form to apply for no-fee certificates for non- repairable stolen vehicles or late model vehicles (current year and six preceding years) or any vehicle whose actual value is determined to have been at least $10,000 prior to being damaged. 3. Submit the above forms, applicable fees (visit www.dmvnow.com to obtain fees), title and sales and use tax, available original documents evidencing ownership and other supporting affidavits. 4. Insurance companies must submit a $25.00 processing fee in addition to the fees associated with the forms listed above. Page 2 AFFIDAVIT VERIFICATION As a sworn law enforcement officer with the VA DMV Law Enforcement Division, I verify that I have taken this sworn affidavit, as authorized by VA Code § 46.2-217, and, based on the information presented herein and my investigation, the owner(s) presenting this affidavit has/have established his/her/their rightful ownership of the vehicle identified above. DATE (mm/dd/yyyy)DMV LE AGENT NAME (print)DMV LE AGENT SIGNATURECASE NUMBER REGISTRATION NUMBER NOTARY PUBLIC NAME NOTARY PUBLIC SIGNATURE State/Commonwealth of ______________________, city or county of _____________________________ subscribed and sworn to before me on this ____________ day of ________________________________ (MONTH) (YEAR) by___________________________________________________ in the city or county and state aforesaid. NOTARY SEAL/STAMP NOTARIZATION DMV LAW ENFORCEMENT VERIFICATION -- This affidavit must be verified by DMV Law Enforcement or notarized. One of the sections below must be completed. MY COMMISSION EXPIRES (mm/dd/yyyy) I/We, the owner(s) listed above, being duly sworn, certify and affirm that all information presented in this form is true and correct, that any documents I/ we have presented to DMV are genuine, and that the information included in all supporting documentation is true and accurate. I/we make this certification and affirmation under penalty of perjury and I/we understand that knowingly making a false statement or representation on this form is a criminal violation. Further, if the Commissioner of the Virginia DMV issues a certificate of title, salvage certificate or non-repairable certificate pursuant to my/our application and this affidavit, I/we hereby bind myself/ourselves, my/our heirs, assigns and personal representatives to indemnify and save harmless the said Commissioner, and his successors in office, individually and officially, for any loss or damage which may be asserted against him/them or which he/they may sustain as a result thereof. CERTIFICATION AND INDEMNIFICATION DATE (mm/dd/yyyy) CO-OWNER SIGNATURE OWNER OR AUTHORIZED AGENT/REPRESENTATIVE SIGNATURE