When You Inherit a Home: A Plain-Words Guide for Virginia Families
What to do first, who can sell the house, and how to decide what comes next, one step at a time.
First, Take a Breath
We're sorry for your loss. Losing someone and then facing a house full of decisions is hard.
You don't have to figure it all out this week. This guide puts the steps in order, in plain words. It comes from Mike and Claudia Webb of The Mike Webb Team, with RE/MAX Allegiance.
This guide is general information, not legal or tax advice. A Virginia attorney and a CPA can tell you what applies to your family.
Call or Text 703-350-3884
Step 1: Protect the House
These come first, before any decision about selling:
- Keep the insurance in place. Tell the insurance company if the home is empty, because some policies have rules for vacant homes.
- Keep the heat and utilities on, so pipes don't freeze.
- Collect the mail and check it for bills and tax notices.
- Change the locks if keys are unaccounted for, and keep a record of who has the new ones.
- Keep paying the mortgage, real estate taxes and any HOA dues, and keep a record of each payment.
- Take photos of every room before anything moves.
- Set aside papers, keys, jewelry and family photos. Don't throw papers away until you've checked with your attorney.
Step 2: Find Out Who Can Sell the House
Who can sign depends on how the home was owned, not only on who is next of kin. Here's how the Virginia State Bar explains it:
- There's a will. The original will must be probated through the circuit court clerk where the home is located. The will may name an executor and give them the power to sell.
- There's no will. The home passes to the closest family members under Virginia law. The heirs record a list of heirs or a real estate affidavit with the circuit court clerk. An administrator needs a special court order to sell the home.
- It was owned jointly with survivorship. The home passes automatically to the surviving owner.
- It's in a trust. The home doesn't pass through the estate. The trustee handles it.
Talk with a Virginia probate attorney before you sign anything. Ask who can sign a listing agreement and a contract, and what you need before then.
Step 3: Know the Tax Basics
The Virginia Department of Taxation says Virginia no longer has an estate tax or an inheritance tax, with an exception for certain remainder interests.
When you sell, the IRS generally uses the home's value on the date of death as your starting cost. That can mean little or no taxable gain if you sell soon. Ask a CPA about your situation.
Step 4: Decide Whether to Keep, Rent or Sell
There's no right answer for every family. These questions help:
- Does anyone in the family want to live there?
- What does the home cost to keep each month: taxes, insurance, utilities and upkeep?
- If several people inherited it, do all of them agree? Everyone who owns the home generally has to sign to sell it.
- What does the home need before it could be rented or sold?
If you want to know what the home is worth today, we can walk through it with you, in person or by video. There's no cost and no obligation, and you don't have to be ready to sell.
Step 5: Sort the Belongings, One Room at a Time
Make sure everyone who inherited agrees on what stays in the family before anything leaves.
Then go room by room, in four groups: keep for the family, sell, donate and discard. Start with the rooms that matter least, so the family has time with the rooms that matter most.
If you live far away, you don't have to do this alone. We can coordinate the work and send you photos, so you can make decisions from wherever you are.
Step 6: If You Sell, Choose How
Getting it ready. Every seller who lists with us gets The White Glove Home Sale Method at no additional cost, whatever the price or type of home. Depending on the home, that can include removing unwanted items and furniture, taking donations to the charity you choose, painting and repairs, physical staging, deep cleaning, carpet and window cleaning, caulking, power washing and landscaping.
Bigger projects. If the home needs new flooring, a new kitchen or other big-ticket work, ask us about Concierge Services: renovate now, pay at closing.
As it is. Sometimes that's the right choice, especially when time is short. We can show you what the home could sell for prepared and what it might sell for as it is, and you decide. Either way, we list it, market it and handle the sale.
Nothing happens without your say.
When You're Ready to Talk
Have a question, even a small one? Contact us, or call or text us at 703-350-3884. We're glad to help you think it through, whether you sell now, later or never.
Mike and Claudia Webb
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