Guide

Inherited Homes and Probate in Virginia: The Complete Guide

Inheriting a home brings decisions at a hard time. In Virginia, the will is probated in the circuit court in the county or city where the person lived, and the Virginia Court Clerks' Association guide says to start the first steps within about 30 days of the death. An executor files an inventory within four months.

This guide is general information, not legal or tax advice. Please talk with an estate attorney, the circuit court clerk or a tax professional about your own situation. The rules differ in Maryland and in Washington, DC, so check with that court or an attorney there.

We help families with the house itself: walking the home, planning what to sort, repair and clean, and timing the sale around your calendar. The sections below group our articles on inherited homes, probate, downsizing and moving a parent out of a longtime home.

Virginia probate basics

Probate proves and records a will in the circuit court. This article covers the timeline, what to bring to the clerk and what an executor does first.

First steps after you inherit a home

Before you list, you need to know who has authority to sign and what the will says. These articles cover the first steps in Virginia and in Arlington.

Sell or keep an inherited home

Some families keep the house and some sell it. These articles lay out the questions to ask before you decide.

Sorting belongings and preparing an inherited home

Decades of belongings take time to sort. Here is how to plan the cleanout, repairs and staging so the home is ready to sell.

Aging parents, assisted living and the family home

When a parent moves to assisted living or a retirement community, the house becomes a decision. These articles explain the options.

Downsizing and moving to something smaller

Downsizing is as much about logistics as about the home. These pieces cover questions to ask first, condos and whether to sell or buy first.

Frequently asked questions

How long does probate take in Virginia?

There is no set finish date. The Virginia Court Clerks' Association guide says to start within about 30 days of the death, and an executor files an inventory within four months. Many estates reach a first and final accounting at the end of the first year, but yours may differ.

Where is a will probated in Virginia?

In the circuit court in the county or city where the person lived at death. Usually the clerk handles it, not a judge.

Can I sell an inherited house right away?

Not until the person with legal authority can sign. Ask an estate attorney who that is before you list.

Do I need an attorney?

This guide is general information, not legal or tax advice. An estate attorney, the court clerk or a tax professional can answer for your situation.

What about inherited homes in Maryland or Washington, DC?

The rules differ in each. Check with that court or an attorney there, then call us about the house.

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.

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

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

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