inherited house, probate, selling an inherited home, Virginia, executor, estate, Arlington VA, White Glove Home Sale Method

I Inherited a House in Virginia. What Do I Do First?

Find out how the home was owned, protect the house, and talk to a Virginia probate attorney before you list it. Who has the power to sell depends on the will, a trust, or a court order, not on who is next of kin.

We are sorry for your loss. Losing someone and then facing a house full of decisions is hard. Here is the order we suggest, in plain words. This is general information, not legal or tax advice.

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.

Step 1: How did your relative own the home?

The answer changes everything. According to the Virginia State Bar:

• With a will: the will must be probated through the circuit court clerk. An executor can sell if the will gives that power.

• No will: the home goes to heirs under Virginia law. An administrator does not automatically have the power to sell. A court must give special permission.

• Owned jointly with survivorship: the home passes to the surviving owner without probate.

• In a trust: the trustee handles it. It is not part of probate.

Step 2: Protect the house

Keep the insurance, utilities, and heat on. Collect the mail. Lock up. Keep papers you find, such as the deed, the will, and mortgage statements.

Step 3: Talk to a probate attorney

Ask what you can and cannot do now. Probate is handled by the circuit court clerk in the county or city where the home is. Loudoun County's court office explains that an administrator must ask a judge for the power to sell, while an executor may sell if the will says so.

Step 4: Know the tax basics

• Virginia does not charge a general estate or inheritance tax, with one narrow exception, says the Virginia Department of Taxation.

• When you sell, the IRS generally sets your cost basis at the home's value on the date of death. See IRS Publication 551. That can mean little or no taxable gain if you sell soon. Ask a CPA about your case.

Step 5: Decide: sell, keep, or rent

Keeping a home costs money: taxes, insurance, utilities, and upkeep. If several heirs share it, everyone needs to agree. Talk it over early.

Step 6: Get it ready to sell

Inherited homes often need cleaning out, repairs, and paint. Every seller gets the White Glove Home Sale Method at no additional cost, whatever the price or type of home. We get your home ready to win at no cost to you.

FAQ

Can I list the house right away?

Not until you know who has the legal power to sell. Ask your attorney first.

Does the house have to be empty before it is listed?

No. We help plan the cleanout and what stays.

Will I owe tax when I sell?

It depends. Ask a CPA. The basis rule often helps heirs.

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

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