Fixing Errors in Probate Paperwork in Virginia: What to Do When Heirs Are Listed Incorrectly

Short answer: If probate paperwork in Virginia lists the wrong siblings (or other heirs), act quickly. Start by contacting the circuit court clerk who handled the probate, explain the error, and ask how to file a correction (often an affidavit of correction, an amended inventory, or a motion to amend the court record). For substantive disputes or contested corrections you will likely need to file a petition with the circuit court and give notice to interested parties. If distributions already occurred based on incorrect information, you may need a court order to recover assets. This is an overview only — it is not legal advice.

Detailed answer — steps to correct probate paperwork in Virginia

1. Understand what type of error this is

• Clerical or typographical errors: Misspelled names, incorrect birthdates, or similar mistakes in the probate file are usually handled through an affidavit of correction or a simple request to the clerk to correct the record.
• Incorrect listing of heirs or beneficiaries: If the wrong person or wrong set of siblings is listed, that can be more serious. It may be a clerical mistake, or it may reflect a flawed pedigree or a contested claim to inheritance.
• Substantive errors that affect inheritance or distributions: If the error changes who gets property or how much they get, the court will typically require formal notice to interested parties and a written petition or motion.

2. Contact the probate clerk immediately

Start with the circuit court clerk where the estate was opened. Clerks routinely accept corrective filings (affidavits, amended inventories, corrected lists of heirs) and can tell you the local filing procedures and fees. The clerk can also tell you whether the change is handled administratively or requires a court hearing.

3. Gather supporting documents

Common supporting documents include the decedent’s death certificate, birth certificates, marriage certificates, any wills or codicils, family records, affidavits from relatives, and proof of identity for persons claiming to be heirs. The stronger the documentary evidence, the easier it is to persuade the clerk or judge to correct the record.

4. Typical filings used to fix probate records

• Affidavit of correction: Used for clear clerical mistakes (e.g., misspellings, wrong dates, incorrect listing of a sibling due to a typographical error).
• Amended inventory or supplemental inventory: If an inventory listed an asset or heir incorrectly, the personal representative can file an amendment to the inventory.
• Petition to amend probate records or petition to reform instrument: For more substantial errors — for example, if a will’s beneficiary list was transcribed incorrectly — you may need to petition the circuit court to reform the probate record or correct the instrument nunc pro tunc (as if it had been done at the original time).
• Petition for discovery or for an accounting: If the error may have caused improper distributions, file a petition asking the court to order an accounting or to require recovery of distributed assets.

5. Provide notice and allow time for objections

Virginia law requires that interested persons (heirs, beneficiaries, creditors, and the personal representative) receive notice of many probate filings. If the correction would change who inherits or the size of shares, the court will usually require formal notice and give interested parties an opportunity to object. If someone objects, the court will schedule a hearing.

6. If distributions already occurred

If the estate has already distributed property based on the incorrect paperwork, the personal representative — or an interested person who was harmed — can ask the court to order recovery of wrongly distributed assets, imposition of a constructive trust, surcharge of the personal representative, or other remedies. The court will carefully review the facts, notice history, and whether those who received property did so in good faith.

7. When to hire an attorney

Consider hiring an attorney when:

• The correction is contested by other heirs or beneficiaries.
• Significant assets already moved out of the estate.
• The identity or relationship of heirs is complex (adoptions, multiple marriages, intestate succession questions).
• You need to file a formal petition, request discovery, or coordinate a court hearing.

8. Relevant Virginia law and resources

Virginia’s rules governing wills, estates, and fiduciaries are in Title 64.2 of the Code of Virginia (Wills, Trusts, and Fiduciaries). For general statutory guidance, see the Code of Virginia, Title 64.2: https://law.lis.virginia.gov/vacode/title64.2/

Probate and estate administration are handled through the Virginia circuit courts. For local procedures and clerk contact information, visit the Virginia Judicial System: https://www.vacourts.gov/

Helpful Hints

• Act quickly. The sooner you spot and address the error, the easier it is to correct before distributions are made.
• Keep detailed records. Save all filings, emails, and notes of phone calls with the clerk and other parties.
• Use sworn affidavits from family members to support identity and relationship claims when original documents are missing.
• Get certified copies. When filing corrected documents, bring certified copies of supporting records (death certificate, birth records, marriage certificates) if available.
• Ask the clerk what form to use. Each circuit court has local practices; clerks can often provide the correct forms or explain whether you should file a simple affidavit or a formal petition.
• Notify all interested parties. Even if you expect a clerical fix, give notice to those with an interest to avoid claims of inadequate notice later.
• Be prepared for a hearing if anyone objects. Have your documents and witnesses ready.
• Consult an attorney if distributions have already occurred or if the case is contested. A lawyer can file the appropriate petitions and represent you at hearings.

Disclaimer: This article provides general information about Virginia probate procedures. It is not legal advice and does not create an attorney-client relationship. For advice specific to your situation, consult a Virginia-licensed attorney or contact the circuit court clerk where the estate was opened.