Key Takeaways

Key Takeaways Virginia probate typically takes 6-12 months and is required for most inherited property, regardless of whether there's a will Multiple heirs create complicated ownership situations where any heir can force a sale, making family cooperation essential You inherit the property's problems too — unpaid taxes, liens, and code violations become your responsibility Cash sales offer speed and certainty for inherited properties, especially those with title issues or needed repairs

Virginia Inherited Property Laws: What Heirs Need to Know About Probate in 2026

Look, I get calls every week from folks who just inherited a house in Virginia and have no idea what to do next. Last Tuesday, I talked to a woman in Richmond whose grandmother passed away six months ago, leaving her a house with $15,000 in back taxes and a roof that's seen better days. She's living paycheck to paycheck and can't afford the repairs, but she doesn't know if she can even sell it legally.

If that sounds familiar, you're not alone. Virginia's probate laws can be confusing, and inherited property comes with its own set of challenges. Let me walk you through what you need to know.

How Virginia's Probate Process Works

In Virginia, when someone dies owning real estate, that property usually has to go through probate unless it was held in a trust or had transfer-on-death provisions. The probate process is handled by the Circuit Court in the county where the deceased person lived.

Here's the basic timeline:

• First 30 days: The will must be filed with the court (if there is one)
• Next 4-6 months: Executor or administrator is appointed, assets are inventoried, debts are paid
• 6-12 months: Property can typically be distributed to heirs

But here's where it gets tricky — Virginia has both formal probate and simplified procedures depending on the estate's value. For estates under $50,000 (not including real estate), you might qualify for a small estate affidavit. But if there's a house involved, you're usually looking at formal probate.

When Someone Dies Without a Will in Virginia

About 60% of Americans don't have a will, and Virginia's intestate succession laws kick in when that happens. I've seen this create some real headaches for families.

Here's how Virginia distributes property when there's no will:

• Spouse and children from that marriage: Spouse gets everything
• Spouse and children from previous relationships: Spouse gets 1/3, children get 2/3
• No spouse, but children: Children inherit everything equally
• No spouse or children: Goes to parents, then siblings, then more distant relatives

The problem I see all the time is when multiple siblings inherit a property together. Nobody can agree on whether to sell, rent, or keep it. Meanwhile, the taxes keep piling up and the house keeps deteriorating.

The Reality of Heir Property in Virginia

Heir property is when multiple people inherit ownership of the same property. In Virginia, this creates what's called "tenants in common" ownership, and it can be a real mess.

I had a situation last year in Norfolk where four brothers inherited their father's house. Two wanted to sell, one wanted to move in, and one lived out of state and just wanted his share of any profits. They spent eight months arguing while the property taxes went unpaid and vandals broke in twice.

Here's what makes heir property challenging:

• Any heir can force a sale: Through a "partition action" in court
• Clouded title: Having multiple owners makes selling complicated
• Shared responsibility: All heirs are liable for taxes, insurance, and maintenance
• Financing difficulties: Hard to get loans against heir property

Virginia's Affidavit of Heirship Process

Sometimes you can use an Affidavit of Heirship to establish ownership without full probate, but Virginia has specific requirements. This sworn statement identifies the heirs and their relationship to the deceased person.

You might be able to use an affidavit when:

• The estate is small and uncomplicated
• All heirs agree on the distribution
• There are no major debts against the property
• The title company or buyer will accept it

But honestly, I've seen title companies in Virginia reject affidavits of heirship more often than they accept them. They want the certainty that comes with formal probate.

What About Property Taxes and Liens?

Here's something that catches a lot of heirs off guard — you inherit the property's problems along with the property itself. If there are unpaid taxes, code violations, or liens, those become your responsibility.

Virginia gives localities the power to sell property for unpaid taxes, and some counties move pretty quickly. I've worked with families who inherited a house only to find out it was already scheduled for tax sale.

The good news is that HOMESELL USA deals with these situations all the time. We can buy properties with tax liens, code violations, and title issues. We handle all the paperwork and pay the outstanding obligations at closing.

Your Options When You Inherit Virginia Property

Look, not every inherited property is a blessing. Sometimes it's more of a burden. Here are your realistic options:

Keep the Property

This makes sense if the house is in good shape, you can afford the ongoing costs, and you actually want it. But be honest about the numbers — property taxes, insurance, maintenance, and repairs add up fast.

Sell Through Traditional Real Estate

If the property is in decent condition and you have clear title, listing with a realtor might get you top dollar. But you'll wait 3-6 months on average, pay 6-7% in commissions and fees, and probably need to make repairs first.

Sell for Cash to an Investor

This is where companies like HOMESELL USA come in. We buy inherited properties in any condition, handle all the probate and title issues, and can close in as little as 7 days. You won't get full retail value, but you get certainty, speed, and no hassles.

Disclaim the Inheritance

Yes, you can actually refuse an inheritance in Virginia if you act within nine months of the person's death. This might make sense if the property has more problems than value.

Recent Changes to Virginia Real Estate Laws

Virginia updated some of its probate procedures in recent years to speed up the process. The state also passed legislation making it easier to clear title issues on older properties, which helps with some inherited property situations.

One change that affects inherited property is Virginia's updated homestead exemption, which now protects up to $25,000 in home equity from creditors. This can be important if the deceased person had debts.

When You Need Professional Help

I'm not a lawyer, and I always tell people to get legal advice for complicated situations. You definitely need an attorney if:

• There's a dispute among heirs
• The will is being contested
• There are significant debts or creditor claims
• The property has complex title issues
• You're dealing with a partition action

But for straightforward inherited property sales, we work with families all the time without needing attorneys involved.

The Bottom Line

Inheriting property in Virginia doesn't have to be overwhelming. Yes, there's paperwork and legal requirements, but thousands of people navigate this process every year.

The key is understanding your options and being realistic about what you can handle. If you inherit a house that needs $30,000 in repairs and you don't have that kind of money sitting around, don't feel guilty about selling it quickly to a cash buyer.

At HOMESELL USA, we've helped hundreds of Virginia families deal with inherited properties. We understand the probate process, we know how to handle title issues, and we can work with you whether you're in Richmond, Virginia Beach, or anywhere in between.

Whether you inherited your grandmother's house in Norfolk or your uncle's farm in Shenandoah County, we can make you a fair cash offer and handle all the complicated stuff. No repairs, no realtor commissions, no months of uncertainty.

If you're dealing with an inherited property situation in Virginia and feeling overwhelmed, give Uncle Charles a call. I've been doing this for years, and I can walk you through your options with no pressure and no judgment — just straight answers about what makes sense for your situation.

Frequently Asked Questions

Frequently Asked Questions

Do I have to go through probate to sell inherited property in Virginia?

Usually yes, unless the property was held in a trust or had transfer-on-death provisions. Even with a will, most inherited property goes through probate to clear the title for sale.

How long does probate take in Virginia?

Typical probate in Virginia takes 6-12 months, but it can be longer if there are complications like disputed wills or complex assets. Simple estates might qualify for expedited procedures.

What happens if multiple heirs inherit the same property?

You become "tenants in common" with equal ownership rights. Any heir can force a sale through a partition action, or all heirs can agree to sell voluntarily. This often creates family conflicts.

Can I sell inherited property with unpaid taxes or liens?

Yes, but the taxes and liens must be paid at closing from the sale proceeds. Cash buyers like HOMESELL USA regularly handle these situations and can close despite outstanding obligations.

What if I can't afford to maintain an inherited property?

You have options including selling quickly to a cash buyer, disclaiming the inheritance (within 9 months), or working out a payment plan for taxes with the locality. Don't let it sit vacant — that creates more problems.