Key Takeaways

Key Takeaways Virginia probate typically takes 6-12 months and is required for most inherited real estate, with intestate succession following specific state guidelines for property distribution Heir property creates major complications when multiple people inherit the same property, requiring unanimous agreement to sell and making traditional financing nearly impossible You inherit both assets and liabilities including unpaid taxes, liens, and code violations, though you're not personally liable beyond the property's value Virginia offers small estate procedures for estates under $50,000 but most real estate exceeds this limit, requiring full probate proceedings

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

Look, I get calls every week from folks in Virginia who just inherited a house and have no clue what to do next. Last Tuesday, I talked to a woman in Richmond whose aunt left her a property, but there are three other cousins involved and nobody can agree on anything. Sound familiar?

Here's the deal: Virginia probate laws can seem overwhelming, but once you understand the basics, you'll know exactly what you're dealing with. Whether you want to keep the property, sell it, or you're stuck in a complicated family situation, I'm going to walk you through everything you need to know.

How Virginia Probate Works in 2026

Virginia's probate process is actually more straightforward than many states, but that doesn't mean it's simple. When someone dies owning real estate in Virginia, that property typically has to go through probate court before anyone can legally sell it or transfer ownership.

The process starts when someone files a petition with the Circuit Court in the county where the deceased person lived. If there's a will, great — that makes things clearer. If there's no will (what lawyers call "intestate"), Virginia law decides who gets what.

Here's what typically happens:

• Someone petitions the court to be the executor (if there's a will) or administrator (if there isn't)
• The court validates the will or determines heirs under intestate succession
• All debts and taxes get paid first
• Whatever's left gets distributed to the heirs

The whole process usually takes 6-12 months in Virginia, sometimes longer if there are complications. And trust me, there are often complications.

Virginia Intestate Succession: Who Gets What

When someone dies without a will in Virginia, state law determines who inherits. It's not always what families expect, and I've seen this cause major problems.

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

If there's a surviving spouse:

• Spouse gets everything if there are no children
• Spouse gets 1/3 if there are children from the marriage
• Spouse gets 1/3 if there are children from outside the marriage

If there's no surviving spouse:

• Children inherit everything equally
• If no children, parents inherit
• If no parents, siblings inherit
• It keeps going down the line to more distant relatives

I had a case last year where a guy thought he'd inherit his brother's house in Norfolk, but it turned out the brother had a son nobody knew about. Guess who got the property? The son got everything, and the brother got nothing. That's Virginia law.

The Heir Property Problem

Here's where things get messy in Virginia, and honestly, this is one of the most common situations I deal with at HOMESELL USA. When multiple people inherit the same property, you've got what's called "heir property" or "heirs property."

Let's say three siblings inherit mom's house in Virginia Beach. All three names are now on the deed as "tenants in common." Sounds simple, right? Wrong.

Problems with heir property:

• All owners must agree to sell
• Any owner can live in the property (even if others object)
• One owner can force a sale through partition action
• It's nearly impossible to get financing on heir property
• Each generation adds more owners, making decisions harder

I've seen families torn apart over heir property. One sibling wants to sell, another wants to keep it, and the third lives in California and just wants their money. Nobody's happy, and the property sits there deteriorating.

Virginia's Small Estate Procedures

Good news: Virginia has some shortcuts if the estate is small enough. As of 2026, if the total estate value is $50,000 or less (not counting jointly-owned property and certain other assets), you might qualify for simplified procedures.

There's also an "Affidavit of Heirship" process for small estates, but here's the catch — most real estate pushes you over that $50,000 limit. Even a modest house in Virginia is probably worth more than $50,000.

However, if you've got a property with serious problems — maybe fire damage, code violations, or structural issues — the value might be low enough to qualify. I've helped families in these exact situations.

What About Property Taxes and Liens?

Here's something that catches people off guard: when you inherit property in Virginia, you also inherit any problems that come with it. That includes:

• Unpaid property taxes
• HOA liens
• Code violation liens
• Mortgage debt (though this usually gets paid from the estate)

Virginia gives you some protection — you're not personally liable for these debts beyond the value of the property itself. But good luck getting a traditional buyer when there's $15,000 in back taxes owed.

I worked with a family in Chesapeake last month who inherited a house with $22,000 in various liens. They couldn't afford to pay them off, couldn't find a traditional buyer, and were looking at letting the property go to tax sale. We were able to buy it from them and handle all the lien issues as part of our purchase.

Your Options When You Inherit Virginia Real Estate

Once you've inherited property in Virginia, you've got several choices:

Keep it: You can live in it or rent it out, but you'll need to handle any existing problems first.

Sell it traditionally: List it with a realtor, but the property needs to be in good condition and you'll need all heirs to agree.

Sell to an investor: Companies like HOMESELL USA specialize in probate properties and can often close quickly without requiring repairs.

Let it go: If the property has more problems than value, you can walk away (though this should be a last resort).

Recent Changes to Virginia Probate Law

Virginia has been updating its probate procedures to make things more efficient. In 2023, they expanded electronic filing options, and as of 2026, most probate paperwork can be handled online in many Virginia courts.

They've also streamlined the process for uncontested probate cases. If all heirs agree and there are no disputes, you can often get through probate faster than the traditional 6-12 months.

But here's what hasn't changed: probate is still required for most real estate, and heir property is still a major headache for Virginia families.

When to Call for Help

Look, I'm not a lawyer, and I always tell people to get proper legal advice for complex probate situations. But I've been buying probate properties in Virginia for years, and I know when families are struggling with inherited real estate.

At HOMESELL USA, we've helped thousands of Virginia families deal with inherited properties they couldn't sell traditionally. Whether it's heir property disputes, properties with liens, houses that need major repairs, or families who just need to close quickly, we've seen it all.

The best part? We handle all the title issues, work with probate attorneys when needed, and can often close in as little as 7 days once probate is complete.

Whether you're dealing with a simple inheritance or a complicated heir property situation, you've got options. Don't let inherited real estate become a burden when it should be a blessing.

If any of this sounds like your situation, give Uncle Charles a call. No pressure, no judgment — just straight answers about what you're dealing with and what your options are. Sometimes a quick conversation can save you months of headaches.

Frequently Asked Questions

Frequently Asked Questions

How long does probate take in Virginia?

Typical Virginia probate takes 6-12 months for straightforward cases. Complex cases with disputes, multiple properties, or contested wills can take much longer — sometimes 2-3 years.

Can I sell inherited property before probate is complete?

Generally no. In Virginia, you need clear title from the probate court before you can legally sell inherited real estate. However, you can get the property under contract contingent on probate completion.

What happens if heirs can't agree on selling inherited property?

Any heir can file a partition action in Virginia court to force the sale of heir property. The court will order the property sold at auction and divide the proceeds among the heirs according to their ownership percentages.

Do I have to pay inheritance tax in Virginia?

Virginia eliminated its inheritance tax in 2007. However, you may still owe federal estate tax if the total estate exceeds federal limits, and you'll be responsible for ongoing property taxes once you inherit.

What if the inherited property has more debt than value?

You're not personally liable for debts beyond the property's value in Virginia. You can disclaim the inheritance, let creditors foreclose, or sometimes negotiate with lienholders for reduced payoffs.