This page sets out how a house passes after a death in Virginia, who signs the deed in each case, and which courthouse handles each place FastIBuyer buys in. It is general information from the Code of Virginia and the courts' own guidance, not legal advice; the estate's attorney has the final word on your case.
Who can sign the deed
The will tells the executor to sell the house
If a will directs that real estate be sold and names no one else to sell it, the executor has the power to sell and convey it (Va. Code § 64.2-521). The executor first qualifies before the Clerk of the Circuit Court, who can admit the will to probate and appoint and qualify executors and administrators (Va. Code § 64.2-444).
The will leaves the house to someone, without directing a sale
The Fairfax and Prince William clerks both explain that when the house is the only asset in the person's name alone and the will does not direct a sale, the executor does not have to qualify: once the will is recorded, the house passes by law to the person the will leaves it to, who can then sell it as beneficiary, not as executor (Fairfax Circuit Court; Prince William Circuit Court Clerk).
There is no will
The house passes to the heirs at law in the order Virginia's descent statute sets out, beginning with a surviving spouse and children (Va. Code § 64.2-200). The Prince William Clerk's guidance notes that an administrator does not have the power to sell real estate, so the heirs, who own the house, sign the deed. When the house is the only asset in the person's name alone, an heir records a Real Estate Affidavit with the Clerk where the house is (Va. Code § 64.2-510; Prince William Circuit Court Clerk).
The heirs do not agree
Co-owners of inherited land, heirs included, can ask a court to partition it (Va. Code § 8.01-81). A sale needs every owner's signature, so an offer from FastIBuyer goes to all of the heirs together.
The paperwork, in order
- List of Heirs (form CC-1611). Every personal representative furnishes one under oath when qualifying, and so does whoever presents a will for probate without qualifying; it goes to the Clerk where they qualify and to the Clerk where any real estate is. If no one has qualified within 30 days of the death, any heir at law of a person who left no will may file one (Va. Code § 64.2-509).
- Real Estate Affidavit (form CC-1612). Anyone with an interest in real estate of a person who died without a will can record one, describing the property and naming the heirs. The Clerk records it and sends an abstract to the commissioner of the revenue, who can move the property onto the land books in the heirs' names (Va. Code § 64.2-510).
- A probate appointment. Clerks see people by appointment: in Alexandria in person or by remote video (Alexandria Clerk of Court), in Fairfax for about 45 to 60 minutes (Fairfax Circuit Court), and in Stafford for about an hour (Stafford Circuit Court).
- An executor or administrator who lives outside Virginia can qualify, usually with a Virginia resident who either serves alongside them or acts as their resident agent, and in most cases with a bond backed by surety. The law sets out the exceptions: surety is not required when a Virginia resident qualifies at the same time or when the clerk waives it for a small estate (Va. Code § 64.2-1426; Fairfax Circuit Court; Prince William Circuit Court Clerk).
The first year after the death
A sale by heirs or beneficiaries within one year of the death is not protected against the estate's creditors the way a later sale is, unless, within that year, no action has been started to administer the real estate and no report of the estate's debts has been filed (Va. Code § 64.2-534). A sale through a court, with the proceeds held by a special commissioner, is another route (Va. Code § 64.2-535). Ask the estate's attorney how this applies before you set a closing date.
Which court handles your city
A will is probated in the circuit court of the county or city where the person last lived (Va. Code § 64.2-443), and lists of heirs, affidavits and deeds are recorded where the house is. For the places FastIBuyer buys in:
| Circuit court (probate and deeds) | Where | Covers | Our pages |
|---|---|---|---|
| Alexandria Circuit Court | 520 King Street, Alexandria | the City of Alexandria | Alexandria |
| Arlington Circuit Court | 1425 N. Courthouse Road, Arlington | Arlington County and the City of Falls Church | Arlington, Falls Church |
| Fairfax Circuit Court | 4110 Chain Bridge Road, Fairfax | Fairfax County and the City of Fairfax, including the Alexandria and Falls Church addresses outside those two cities | Fairfax, Springfield |
| Prince William Circuit Court | 9311 Lee Avenue, Manassas | Prince William County and the Cities of Manassas and Manassas Park | Prince William County, Woodbridge, Dale City, Manassas, Dumfries |
| Stafford Circuit Court | 1300 Courthouse Road, Stafford | Stafford County | Stafford |
| Spotsylvania Circuit Court | 9107 Judicial Center Lane, Spotsylvania | Spotsylvania County | Spotsylvania |
| Fredericksburg Circuit Court | 701 Princess Anne Street, Fredericksburg | the City of Fredericksburg | Fredericksburg |
A house in the Alexandria portion of Fairfax County, or with a Falls Church address outside the City of Falls Church, goes through the Fairfax Circuit Court.
Selling an inherited house to FastIBuyer
- You can ask for a written offer while the estate is being opened; the closing waits until the people with authority can sign.
- FastIBuyer buys the house as it is. Take what matters to you and leave the rest.
- Signers who live elsewhere can sign the closing papers in front of a notary where they are.
- You pay no agent commissions; we buy directly. The seller's usual closing costs still apply, as in any sale.
- You can close in as little as 7 days once the deed can be signed, or on a later date the estate chooses.
Frequently Asked Questions
Do I need to go through probate before selling an inherited house?
It depends on the will and the estate. If the will directs a sale, the executor qualifies and sells. If the house was the only asset in the person's name alone, the will can simply be recorded, or, with no will, an heir records a Real Estate Affidavit, and the beneficiary or the heirs sell. The estate's attorney can tell you which applies.
Can heirs who live out of state sell a Virginia house?
Yes. An executor or administrator who lives outside Virginia can qualify, usually with a Virginia resident who either serves alongside them or acts as their resident agent, and in most cases with a bond backed by surety (Va. Code § 64.2-1426). The estate's attorney can say what applies to yours.
What if the house is full of belongings or needs major work?
FastIBuyer buys it as it is. Take what matters to you and leave the rest; there is nothing to repair or clean first.
What if the heirs disagree about selling?
A sale needs every owner's signature, so an offer goes to all of the heirs together. When co-owners cannot agree, Virginia law lets any of them ask a court to partition the property; the estate's attorney can explain that route.
