Can I Buy a House From an Estate in Virginia?

Can I buy a house from an estate in Virginia, and who signs the sale?

Yes, estate homes are sold to buyers. The person who signs for the estate is called the fiduciary, such as an executor, and that person can sell the real property only if the will or a court gives the power to sell. Ask to see proof of that authority before you write an offer.

The Mike Webb Team (Mike and Claudia Webb, RE/MAX Allegiance) helps homeowners in Arlington, Northern Virginia, Maryland, and Washington, DC get their homes ready to sell and sold.

It means the owner has died and the home is part of the estate. This is not the same as an estate sale, which is a sale of the belongings inside a house. A house can be sold on the market like any other, but a few extra questions apply, and most of them are about who has the right to sign.

The Fairfax County Commissioner of Accounts says a fiduciary may sell the decedent's real property only if the testator (the person who made the will) or the court grants a power of sale. The same page says wills often incorporate the powers listed in Virginia Code section 64.2-105, and that section includes the power to sell. It also says that, absent a court order, the fiduciary may not give up that power. Where a will requires the home to be sold, the page says the fiduciary must sell it and make the proceeds available to pay creditors.

Section 64.2-105 says the fiduciary may sell investments and property, real, personal or mixed, at either public or private sale, on terms the fiduciary considers advisable. It also lets the fiduciary sign and deliver the deed or other papers that transfer the property. For a buyer, that language matters because it is the written source of the signing authority. The same section says a purchaser does not have to see to how the sale money is used. Sources: Fairfax County Commissioner of Accounts, Real Estate and Virginia Code 64.2-105.

The Fairfax page says title to real property typically passes to the heir or devisee right away when the owner dies, while personal property goes to the personal representative. It also says the heirs or devisees are responsible for the home's debts and expenses until the fiduciary uses the power of sale. In plain words, who holds the right to sell is a real question, and it is worth asking early. If the will does not give a power of sale and no court order does either, the person you are talking to may not be able to sign alone.

Then a court has to appoint someone to run the estate. Virginia Code section 64.2-502 covers who may be appointed. Within the first 30 days after death, it says administration may go to a sole distributee, or to a distributee who brings written waivers from all other competent distributees. After 30 days it can go to the first distributee, or that person's designee, who applies. After 60 days, a creditor or another person may be appointed if the notice conditions are met. For a buyer, this can mean the estate has no one with authority to sign yet. Source: Virginia Code 64.2-502.

• Who is the fiduciary, and can they show proof of their authority, such as a court document naming them?
• Does the will give a power of sale, or is a court order needed?
• Are other heirs involved, and do they agree to the sale?
• What is the timing, and are any steps needed before closing?
• Will the home be sold as it is, and can I have it inspected?
• Does the home carry a mortgage or other debts that must be paid from the sale?

Your title company and your attorney can confirm who has the authority. The Fairfax page describes Fairfax County practice, and other cities and counties have their own offices, so ask the title company how the county where the home sits handles it. This is not legal advice. Maryland and Washington, DC have their own rules. See Inherited a House in Maryland? What Are the Probate Basics? and What Should I Know About Probate If I Inherit a Home in DC?, and ask a local attorney there.

Build an inspection into your contract, just as you would with any home. Our Home Inspection Guide for Arlington, VA Buyers explains how. Ask your agent to confirm in writing who will sign, and ask your title company to review the estate's papers before the contract deadlines. The statute allows a fiduciary to hire a licensed real estate broker, so it is common for an estate home to be listed like any other. If you are on the other side of this, read Inherited a House in Virginia? What to Do First and Selling an Inherited Home: Cleanout, Repairs, Staging.

• Who Can Sign and Sell an Estate Home in Virginia?
• Probate in Virginia: How Long It Takes, First Steps
• Inherited a House in Virginia? What to Do First
• Home Inspection Guide for Arlington, VA Buyers
• Selling an Inherited Home: Cleanout, Repairs, Staging

Is an estate home cheaper?

Not by default. Price depends on the home's condition and recent sales of similar homes, and no one can promise a price.

Does it take longer to close?

It can, depending on what has to happen first. Ask early so you can plan your move date.

Can I still ask for repairs?

You can ask, like any buyer. Whether the estate agrees depends on the contract and on what the fiduciary is allowed to do.

Call or text Claudia at 703-350-3884 or visit claudiawebb.com.

The Mike Webb Team, RE/MAX Allegiance. Arlington, Virginia. Equal Housing Opportunity.