First question: does this house even need probate?
Some inherited houses skip probate entirely. Before you do anything else, find out how your parent or relative held title — the deed is on file with the Circuit Court clerk in the city or county where the house sits, and a settlement agent or attorney can pull it in minutes.
No probate needed for the house if:
- It was held as joint tenants with right of survivorship or as tenants by the entirety with a surviving spouse. The survivor already owns it outright and can sell immediately with a copy of the death certificate.
- There is a transfer-on-death deed under Virginia's Real Property Transfer on Death Act naming a beneficiary. The named person owns it at death and can sell after recording the death certificate and an affidavit.
- The house was held in a revocable living trust. The successor trustee sells under the trust's terms, no court involved.
Probate is needed if the house was in the deceased's name alone (or as tenants in common with someone else) and none of the above apply. That's the majority of the inherited houses we buy in Richmond, Henrico, Hanover, and Chesterfield. It's a process, not a crisis, and our probate house sale page walks through it step by step.
Who can sign the deed
This is the part that trips up families, because Virginia handles real estate differently from bank accounts and cars.
In Virginia, real estate vests in the heirs or devisees immediately at death, subject to the estate's administration. The executor doesn't automatically control the house the way they control the bank account. What that means in practice:
- If there's a will with a power of sale, the executor can sign the deed once they've qualified with the Circuit Court clerk and hold a certificate of qualification. Most attorney-drafted wills include this power. This is the simplest path.
- If there's a will without a power of sale, the people the will leaves the house to (the devisees) sign — all of them.
- If there's no will, Virginia's intestacy rules (Code § 64.2-200) decide who inherits — typically the surviving spouse, or the children in equal shares if there's no spouse — and every one of those heirs signs. An administrator still needs to qualify to handle the estate's debts, but the heirs are the ones who convey the house.
We'll figure out which situation you're in from the will and the deed, and our settlement agent confirms it before anyone signs anything.
The Virginia timeline, realistically
- Days to a couple of weeks after death: the executor or administrator qualifies at the Circuit Court clerk's probate office — Richmond's at the John Marshall Courts Building, Henrico's on Parham Road, Hanover's at the county complex, Chesterfield's on Iron Bridge Road. They receive letters (a certificate of qualification) and, if required, post a bond.
- Within 30 days of qualifying: the fiduciary files a list of heirs and sends notice to the beneficiaries.
- Within four months: an inventory of the estate's assets goes to the Commissioner of Accounts.
- The house can be sold at any point once the right people can sign. Many families sell the house within a couple of months of the death because the family wants the carrying costs to stop.
- Within about 16 months: the first accounting is due, and the estate winds down after debts and taxes are paid.
One wrinkle to know about: Virginia law allows creditors of the estate to reach real estate sold by the heirs within a year of the death if the estate can't otherwise pay its debts. Title insurers handle this in a few standard ways — an executor's involvement, an indemnity, or holding a small reserve — and it rarely delays a closing. It's a routine step for the settlement agent.
Taxes on an inherited house in Virginia
The tax picture is usually better than families fear:
- No Virginia inheritance tax, no Virginia estate tax. Neither exists.
- Federal estate tax applies only to estates well above $13 million. It won't apply to a house.
- Capital gains are calculated from a stepped-up basis: the house's value on the date of death, not what your parents paid in 1978. Sell for near that value and there's little or no gain. Hold it as a rental for years first and the gain accrues from the date-of-death value.
- Virginia probate tax is small — $0.10 per $100 of the estate's value at the state level, and localities may add up to a third of that.
- Property taxes keep accruing while the house sits. Richmond's rate is $1.20 per $100 of assessed value; the counties are lower. Unpaid taxes are simply settled from the proceeds at closing.
Talk to a CPA about your specific situation, but "we'll owe a fortune in taxes" is almost never true for an inherited Richmond house.
Practical problems we solve
Inherited houses come with a particular set of headaches, and we plan for them:
- The house is full. Fifty years of belongings. We buy it as-is with the contents; you take what matters and we handle the rest after closing.
- Nobody lives nearby. We can do video walkthroughs and lockbox visits, we coordinate with the settlement agent for remote signing with a mobile notary in your state, and you never have to fly in.
- It hasn't been updated since the 1970s. Original kitchen, original furnace, roof at the end of its life, maybe some knob-and-tube. None of it matters to us; it just goes into the repair estimate. See selling as-is.
- It's been empty for a while. Vacant houses have insurance problems (most homeowner policies stop covering a house that's been empty 30–60 days), frozen pipes, and code complaints. Selling quickly stops the bleeding.
- There's a mortgage, a reverse mortgage, or liens. All paid at closing from the proceeds. Reverse mortgages have a timeline; tell us early.
- The heirs disagree. A specific written offer with a specific proposed split often resolves what months of family phone calls couldn't.
How selling to Blue Sky works
You tell us about the house or call (804) 331-8443. We'll ask about the will, who's qualified, and where things stand — no legal knowledge required on your end. We look at the house (in person or by video), and we call you with a written cash offer and a plain explanation of the reasoning. If it works, our Virginia settlement agent confirms who signs, orders the title work, and coordinates with your attorney if you have one. You pick the closing date to match the estate's schedule. At settlement the mortgage and any liens are paid, and the proceeds go to the estate or the heirs as the paperwork directs.
No commission, no repairs, no cleanout, and no obligation for the offer. If the house is in good shape and the family has time, we'll tell you a listing may net more — and mean it.
For a deeper walkthrough of the process, read our complete Richmond probate guide.
Frequently asked questions
Can I sell an inherited house in Virginia before probate is finished?
Usually, yes. Probate in Virginia isn't a single court hearing — it's a process that can take a year or more to fully close, but the house can typically be sold well before that. If the will gives the executor a power of sale, the executor can sign once they've qualified with the Circuit Court clerk. If it doesn't, or there's no will, the heirs sign. Title companies do take extra care with sales within a year of death; settlement agents handle that routinely.
Do I have to clean out my parents' house before selling it?
Not to us. Take the photographs, the papers, and whatever has meaning, and leave everything else — furniture, clothes, the garage, the attic. We buy the house with the contents inside and handle the cleanout after closing. For families spread across the country, this is often the single biggest relief.
Will I owe taxes when I sell an inherited house in Virginia?
Usually very little. Virginia has no inheritance tax and no estate tax. For federal capital gains, inherited property gets a 'stepped-up basis' — its value is reset to the fair market value on the date of death — so if you sell for roughly that value, there's little or no gain to tax. Confirm with a CPA, but for most families the sale itself is not a taxable event of any size.
There are several heirs and one won't cooperate. Can the house still be sold?
Not by a simple sale — every owner has to sign the deed. The options are to negotiate (sometimes a clear cash offer with a specific split changes minds), or to file a partition suit in the Circuit Court asking the judge to order a sale. That's slower and costs money, so we'll often help by putting a concrete written offer in front of every heir first.
What if the inherited house still has a mortgage or a reverse mortgage?
Both are common and both are workable. A regular mortgage is simply paid off from the sale proceeds at closing; federal law prevents the lender from calling the loan just because the owner died and an heir took over. A reverse mortgage becomes due after death, but the servicer typically allows six months (with extensions) to sell or refinance, and the estate owes no more than the house is worth. Tell us which you have and we'll plan the timeline around it.
Related reading
- Read more
Probate real estate in Richmond, VA: selling a house in probate
How probate real estate sales work in Richmond, VA: qualifying as executor or administrator at the Circuit Court clerk, who has authority to sign, the Virginia timeline and creditor rules, probate tax, and how a cash buyer closes on the estate's schedule with no repairs or cleanout.
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Selling an Inherited House in Richmond: Your Complete Probate Guide
A step-by-step guide to selling an inherited house in Richmond, VA: whether you need probate, qualifying as executor, who can sign the deed, the Virginia timeline, executor responsibilities, taxes, and selling before probate closes.
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Sell your house as-is in Richmond, VA
Sell your house as-is in Richmond, VA. What 'as-is' means under Virginia law, the conditions cash buyers actually take (roof, foundation, fire, mold, hoarding, code violations), how the offer is thought through, and why a cash sale is the only truly as-is sale.
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Sell your house fast in Henrico County, VA
Sell your house fast in Henrico County, VA. We buy houses for cash in Glen Allen, Short Pump, Lakeside, Highland Springs, Sandston, Varina, and across the West End and East End. Any condition, no fees, cash offer in 24 hours.
