General information, not legal advice. This guide explains how the process generally works. It is not legal, tax or financial advice, and every estate is different. Talk to a licensed attorney about your situation.
Short answer: in Virginia, probate runs through the Clerk of the Circuit Court in the city or county where the person lived. Real estate often passes to the heirs or the people named in the will, but recording the right paperwork, dealing with the decedent's debts and getting every owner to agree all come before a clean sale or loan. This guide explains the steps that matter most for an inherited house.
Key points: Virginia probate is handled by the circuit court clerk. A list of heirs, or a real estate affidavit when there is no will and no administration, puts the heirs on record. A sale by heirs within one year of death can be exposed to the decedent's creditors. Virginia charges a probate tax on estates above $15,000 but has no state inheritance tax.
Who handles probate in Virginia?
In Virginia, the Clerk of the Circuit Court handles probate: admitting a will, qualifying an executor or administrator (the personal representative) and recording estate documents. Virginia has both counties and independent cities, and each has its own circuit court clerk, so the right office depends on where the person lived. For example, an Alexandria resident's estate goes to the Alexandria Circuit Court, not Fairfax County. Virginia's Judicial System publishes a self-help guide to probate.
How does the house get into the heirs' names?
Virginia uses two recorded documents to show who inherits real estate:
- List of heirs. When a personal representative qualifies or a will is probated, a list of heirs is filed and recorded, identifying the people entitled to inherit.
- Real estate affidavit. When someone dies without a will and owned real estate, any person with an interest in that real estate, including a qualified personal representative, can record an affidavit with the circuit court clerk where the property is located. It describes the property, states that the person died without a will, and lists the heirs. The clerk sends an abstract to the commissioner of the revenue, who can update the land books. (Code of Virginia § 64.2-510.)
When several heirs inherit together, each owns a share, and a sale or loan usually needs every owner's signature. If one heir cannot be found or will not cooperate, an attorney can explain partition and other court options, including Virginia's protections for co-owners of inherited property.
Why the first year matters
Under Virginia law, real estate can be used to pay a decedent's debts if other estate assets fall short. A sale by an heir or devisee within one year of death is generally not valid against the decedent's creditors, unless it falls under a court-supervised exception or no administration action or creditor report was filed within that year. An heir who sells may also be personally liable to creditors for the property's value. (Code of Virginia § 64.2-534.)
In practice, title companies look closely at sales and loans in the first year and may ask for affidavits about debts, a court-supervised sale or other protections. Plan the timeline with your attorney and the title company before you sign a contract.
Probate tax, not inheritance tax
Virginia does not have a state inheritance tax. It does charge a probate tax when a will is probated or an administrator qualifies: no tax applies to estates of $15,000 or less, and above that the state tax is 10 cents per $100 of value, with localities allowed to add a local tax. Virginia Tax explains the details.
Unpaid taxes and local rules
Real estate taxes are billed by the city or county. If they go unpaid, Virginia localities can eventually seek a court-ordered sale, so check the balance early; our probate and heir property guide covers the timing. Local rules also shape what you can do with the house:
- Independent cities such as Alexandria, Fairfax, Falls Church, Fredericksburg, Manassas and Manassas Park issue their own permits, separate from the surrounding counties.
- Alexandria runs a Residential Rental Inspection Program in designated districts. See our Alexandria guide.
- Prince William and Stafford counties issue permits through their Departments of Development Services. See our Prince William County and Stafford County guides.
- Rural homes in counties like Fauquier and Frederick County often rely on wells and septic, which affects repairs and resale.
Sell, repair, rent or buy out?
- Sell as-is when heirs need cash or cannot manage a renovation, keeping the one-year creditor rule in mind.
- Repair and sell when the after-repair value comfortably covers repairs, carrying costs and selling costs. Permitted work protects the resale.
- Rent when one heir wants to hold the property long term.
- Buy out co-heirs when one heir keeps the house and pays the others their share of the equity after payoffs.
How can heirs finance repairs, taxes or a buyout?
A probate loan is a short-term, business-purpose loan secured by the inherited property and repaid from a sale or a long-term refinance. RevitaLending lends in the City of Alexandria, Arlington, the City of Fairfax, Fairfax County, Falls Church, Fauquier, Frederick County, Fredericksburg, Loudoun, Manassas, Manassas Park, Prince William and Stafford (not Richmond) from $50,000 to $2M with no minimum FICO, sized on the property and the exit, subject to underwriting and title approval. The property must be non-owner-occupied investment property. Inside the Capital Beltway, our joint venture program may be an alternative for heirs who would rather partner than borrow.
What to have ready: the address, the death certificate, the will or certificate of qualification, the recorded list of heirs or real estate affidavit, mortgage and tax payoffs, a repair estimate and the plan.
Frequently asked questions
Where is probate handled in Virginia?
By the Clerk of the Circuit Court in the city or county where the person lived. Independent cities such as Alexandria have their own circuit court clerk.
Do I need probate to inherit a house in Virginia without a will?
Not always. Any person with an interest in the real estate can record a real estate affidavit listing the heirs with the circuit court clerk where the property is located. Debts, title requirements and disagreements between heirs can still make an administration necessary.
Can heirs sell an inherited Virginia house right away?
They can, but a sale within one year of death is generally not valid against the decedent's creditors unless an exception applies, so title companies often require extra steps. Talk to an attorney and the title company first.
Does Virginia have an inheritance tax?
No. Virginia has no state inheritance tax, but it charges a probate tax on estates above $15,000.
Official sources
- Virginia's Judicial System
- Virginia Courts Self-Help: Probate in Virginia
- Code of Virginia § 64.2-509: List of heirs
- Code of Virginia § 64.2-510: Affidavit relating to real estate of intestate decedent
- Code of Virginia § 64.2-534: Liability of heir or devisee for real estate sold
- Virginia Tax: Probate Tax
- City of Alexandria: Residential Rental Inspections Program
Tell us about the property and the timeline. We respond the same business day.
Apply for a probate loan→ See probate loans→Not legal or tax advice. This guide is general information, not legal, tax or financial advice and not a loan offer. Laws, thresholds and procedures change; confirm them with the official sources above and with a licensed attorney or tax professional. All loans are subject to underwriting and title approval, and rates and terms can change. This is not a commitment to lend.