Keep it or rent it out
If someone in the family wants to live there or rent it, keeping the house can be the right call. Plan for taxes, insurance and upkeep while the estate is settled.
Inherited a house in Virginia? Here's how selling it works.
Where probate happens, who can sign the deed, the first-year rule on estate debts, and your choices for the house.
No obligation. No pressure. Takes about 2 minutes.
How it works in Virginia
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1
Start with the circuit court clerk
Virginia has no separate probate court. The will is probated, and the executor or administrator qualifies, at the circuit court clerk's office where the person lived. The clerks' guide suggests starting within 30 days of the death.
Source: Virginia Court Clerks' Association: Probate in Virginia
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2
Find out who can sign the deed
If the will directs that the house be sold, the executor has the power to sell it and receive the proceeds. If the will doesn't say that, or there's no will, ask the clerk or an estate attorney who needs to sign.
Source: Code of Virginia § 64.2-521
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3
Put the heirs on record
If there's no will, anyone who inherited an interest can record an affidavit with the circuit court clerk describing the house and naming the heirs. The local commissioner of the revenue can then update the property records.
Source: Code of Virginia § 64.2-510
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4
Mind the first year
If the estate can't cover its debts, the house can be used to pay them. A sale by heirs within one year of the death isn't protected against those creditors unless, within that year, no action to administer the real estate has started and no report of debts has been filed.
Source: Code of Virginia § 64.2-534
Your real options
Sell for cash, as it stands
If nobody can handle a cleanout or repairs from a distance, a cash sale can close in as little as 7 days once the right people can sign, with no fees or commissions.
List it with an agent
If the house is in good shape and the family agrees on timing, listing often brings a higher price. We show our cash offer next to what listing could net so everyone can compare.
See both numbers
Example: a $250,000 home
| Offer | $205,000 |
|---|---|
| Repairs | $0 |
| Commissions | $0 |
| Closing costs | $0 |
| You walk away with | $205,000 |
| In 7 to 14 days | |
| Sale price | $250,000 |
|---|---|
| Repairs | about $8,000 |
| Commissions | about $13,800 |
| Closing and holding | about $6,000 |
| You walk away with | about $222,200 |
| In 60 to 90 days | |
Example only. Your numbers depend on your home and market.
This page explains the general rules. It isn't legal advice. Your documents and situation may differ, so talk to the circuit court clerk, your Commissioner of Accounts or an estate attorney about your specific case.
Frequently asked questions
Do I have to go to court to sell an inherited house in Virginia?
Probate runs through the circuit court clerk's office, not a separate probate court. Usually the clerk or a deputy clerk handles it and a judge isn't involved.
Can the executor sell the house without the heirs?
If the will directs that the house be sold, Virginia law gives the executor the power to sell it and receive the proceeds. Without that direction, check with the clerk or an estate attorney about who needs to sign.
Can heirs sell in the first year?
A sale within one year of the death isn't protected against the estate's creditors unless no action to administer the real estate has started and no report of debts has been filed in that year. An estate attorney can tell you how that applies to your family.
Who are you?
We are real estate investors based in Baltimore, helping homeowners since 2016. We buy houses directly for cash. We are not a licensed real estate brokerage and do not list homes ourselves; if listing could get you more, we show you the math so you can choose.