Virginia
Probate basics in Virginia
In Virginia, the circuit court clerk can probate a will and qualify an executor or administrator.
The clerk's authority is § 64.2-444. The oath and bond are in § 64.2-500. A certificate of qualification is § 64.2-506.
That is the court file. The house sale is separate. We can look at the house while you and your lawyer handle qualification.
What qualification means
Section 64.2-500 says administration is granted when the person takes the required oath, gives bond, and the clerk or court is satisfied the person is suitable. If the will names no executor who will serve, the clerk can grant administration with the will annexed to a residual legatee, on the terms in that section.
Section 64.2-508 requires written notice of qualification or probate to the surviving spouse, the heirs, and the beneficiaries, with the exceptions the section lists. The notice tells people they may ask for inventories and accounts. Read the statute or ask your lawyer. We do not send that notice for you.
Inventory, account, and the deed
The notice language in § 64.2-508 says a personal representative files an inventory with the commissioner of accounts within four months after qualification, and an account within 16 months, then further accounts until the estate is settled. Those are statute deadlines for the estate. A house sale still finds its own pace.
A deed still needs the people with authority to sign, and it still pays recordation and grantor's taxes when the clerk admits it. Our inherited-house articles for Stafford, Fredericksburg, and Prince William connect this file to a specific house. Call (540) 547-SELL when you also want the house looked at.
Estate file and house file
Two tracks. Dates in the statute are estate dates. Sale pace varies.
| Step | Who handles it | What we need |
|---|---|---|
| Probate and qualification | Clerk, under §§ 64.2-444 and 64.2-500. | Tell us whether a certificate exists. |
| Notice | Personal representative, § 64.2-508. | We do not mail that notice. |
| Inventory and account | Commissioner of accounts. Four months and 16 months are in the statute's notice. | Same estate duty, whether or not you list. |
| House | We walk it when you can let us in. | Shoppers need repeat access. |
Virginia questions
- Is this legal advice?
- No. It points at the Code. Hire your own lawyer for the estate.
- Can you buy before qualification is finished?
- We can look and talk. A deed needs authority to sign. Your lawyer and the title company say when that authority exists.
- Which clerk do I use?
- The circuit court clerk for the city or county where the decedent's estate is opened, which is often where the person lived. The house's deed uses the clerk where the land sits. Those can differ. Ask the clerk.
Call (540) 547-SELL or start with the address on the home page. The location guides name the ZIP codes.