By Michael Cox, Founder, Quick Fix Real Estate. Buying houses in Virginia since 2012.
The short answer
In Virginia, a will is probated in the circuit court of the city or county where the person lived. Once the executor has qualified there, the house can be sold. If the will says the house is to be sold, the executor can sell it. If there is no will, or the will is silent, the heirs decide together. A sale in the first year after a death has an extra rule about the estate’s debts, so the attorney or title company checks that first.
You can sell the house the usual way, with an agent, repairs and showings. Or you can sell it to us as it sits. We buy inherited houses, as-is. Take what matters to you and leave the rest. No clean-out, no repairs, no listing. Close when the estate is ready.
Step 1: Find out who can sell the house
Start with the will, if there is one.
- If the will names an executor and says the house is to be sold, the executor can sell it and sign the deed (Va. Code § 64.2-521).
- If no executor qualifies, the court can appoint an administrator, who takes on the same power to sell.
- If there is no will, the house passes to the heirs set out in Virginia law (Va. Code § 64.2-200). They own it together, so they sell it together. Get everyone talking early.
Step 2: Qualify at the right circuit court clerk
A will is probated in the circuit court of the city or county where the person lived (Va. Code § 64.2-443). Roanoke City and Roanoke County have separate circuit courts. A parent who lived in Grandin or South Roanoke is probated in the City. A parent who lived in Cave Spring is probated in the County. The clerk’s probate office gives the executor the paperwork that shows they can act for the estate.
Step 3: Know the first-year rule
If the heirs sell the house within one year of the death, that sale is not valid against the estate’s creditors, with exceptions set out in Va. Code §§ 64.2-534 and 64.2-535. In practice, the closing attorney or title company asks about the estate’s debts before the sale. Tell them early if the house still has a mortgage or other bills tied to it.
Step 4: Decide how to sell
Here is how the two routes compare for an inherited house:
- Condition. Listing: repairs and a clean-out are usually expected. Selling to us: as-is, and you leave what you don’t want.
- Showings. Listing: open houses and showings. Selling to us: one visit to see the house.
- Offer. Listing: depends on buyers and their lenders. Selling to us: a guaranteed cash offer on the spot.
- Closing costs. Listing: the seller usually pays some. Selling to us: we pay all of the seller’s closing costs.
- Timing. Listing: weeks to months on the market. Selling to us: close in as little as 7 days, or on the date the estate needs.
Step 5: Close at the attorney’s office
We close at the attorney’s office. A mortgage or lien on the house is paid off from the price at closing, and the rest goes to the estate or the heirs. We have bought inherited Roanoke houses with back taxes owed and paid them at closing. We can also buy houses with title problems.
What this looked like for one Vinton family
A retired mother inherited her late daughter’s 1980s ranch house in Vinton. The house was full of furniture and belongings, and she was paying the mortgage, insurance and utilities on it every month while it sat empty. An agent offered to list it after a clean-out. She sold it to us as-is instead, for a guaranteed cash offer of $190,000. She took the keepsakes she wanted, and our crew cleared the rest. The mortgage of about $81,200 was paid off at closing, and she netted roughly $108,000 to $109,000. She picked a closing date 45 days out so the estate had time. Read the full story: Case Study: Inherited 1980s Vinton, VA Home Sold As-Is.
More guides for heirs
- Sell an inherited house as-is in Vinton, VA
- Sell an inherited house as-is in Troutville, VA
- Sell an inherited house as-is in Lynchburg, VA
- Case study: an inherited 1950s Lynchburg home sold as-is
Get your offer
Let us perform a 15–30 minute assessment of the property, and you get a guaranteed cash offer on the spot. Tell us about the inherited house, or call 540-324-4346.
Questions heirs ask us
Can I sell a house before probate is finished?
Usually the executor or administrator has to qualify first, because that is what gives them the power to sign. After that, the house can often be sold while the rest of the estate is still being settled. Your attorney can tell you what your estate needs.
Do all the heirs have to agree?
If there is no will, or the will does not give anyone the power to sell, the heirs own the house together, so they sell it together. If the will gives the executor the power to sell, the executor signs.
Do I have to clean out the house?
No. Take what matters to you and leave the rest.
Does the house need repairs first?
No. We buy inherited houses, as-is.
Who pays the closing costs?
We pay all of the seller’s closing costs.
How fast can we close?
In as little as 7 days, or on the date the estate is ready.
Do I have to accept the offer?
No. The offer is yours to take or leave.
This guide explains how a sale usually works. It is not legal advice. An executor or heir should confirm their authority to sell with the estate’s attorney or the circuit court clerk.
