Selling a house during probate in Virginia involves several legal and procedural steps, as probate is a court-supervised process to manage the estate of a deceased person. Below are step-by-step instructions to guide you through this process:
Step 1: Determine if Probate is Necessary
Not all estates require probate. If the deceased held the property in joint tenancy or had a living trust, probate may not be needed. Consult with an estate attorney to confirm whether probate is necessary for the specific property.
Step 2: Appoint an Executor or Administrator
If there is a will, the person named as the executor will handle the estate, including selling the property.
If there is no will, the court will appoint an administrator. You need to petition the Circuit Court in the county where the deceased lived to be named the administrator of the estate.
Actions:
File a Petition for Probate with the Virginia Circuit Court to be formally appointed.
Provide the death certificate, the will s ...