Detailed answer — how the probate process moves real estate title in Virginia

This explains, in plain language, how a person named in a will can use the Virginia probate process to transfer the decedent’s real property into the name of the beneficiary. This is an educational overview and not legal advice.

In Virginia, “probate” is the court process that accomplishes two basic things: (1) the decedent’s will is formally admitted to the circuit court’s records; and (2) the court appoints a personal representative (often called an executor when named in the will). The personal representative receives authority from the court (letters testamentary or letters of administration) to gather assets, pay debts, and transfer estate property, including real estate, to the persons entitled under the will. For a general discussion of the statutory framework for wills and probate, see Virginia Code, Title 64.2: https://law.lis.virginia.gov/vacode/title64.2/.

Key points

• Probate admits the will to the court and leads to appointment of a personal representative. The court’s appointment is what gives the representative legal authority to deal with real estate.
• Probate itself (i.e., filing and admitting the will) does not by itself change the record title to real estate. To change the deed records, the personal representative must execute and record the appropriate deed or other instrument transferring the property to the beneficiary.
• If the decedent held property jointly with right of survivorship or under a vehicle such as a living trust or transfer-on-death deed, that property may pass outside probate.

Typical steps to transfer real property under a will in Virginia

1. Locate the will and file it with the circuit court. The original will should be presented to the circuit court clerk in the county or city where the decedent was domiciled. The clerk will determine whether to admit the will to probate.
2. Appointment of the personal representative. If the will names an executor who is willing and able to serve, the court will typically issue letters testamentary to that person. Those letters are the document that prove the representative’s authority to act for the estate.
3. Inventory and estate administration. The representative inventories estate assets, notifies creditors as required, pays valid debts and taxes, and prepares to distribute assets. Real property must be located in the decedent’s name and verified as part of the estate.
4. Prepare and sign a deed (or other transfer document). To transfer title, the personal representative typically signs a deed (e.g., executor’s deed or personal representative’s deed) conveying the decedent’s interest to the beneficiary named in the will. The deed should identify the court authority (showing that the representative was appointed by the circuit court) and should be executed in the form required by Virginia law and local recording requirements.
5. Record the deed in the land records. The signed deed must be recorded in the clerk’s office of the circuit court (or land records office) of the county or city where the property is located. Recording the deed places the new ownership on the public record.
6. Handle taxes and final accounting. The representative completes any required tax filings and provides the final accounting before closing the estate.

Why a recorded deed is important

Admitting a will to probate gives someone legal authority to act for the estate, but title companies, lenders, and the land records require a properly executed and recorded deed to change the name on the deed. Without a recorded deed executed by the personal representative, the county land records will still show the decedent (or the previous owner) as the owner. The deed is the step that actually moves title in the public records.

When probate may be simple or unnecessary

• If the property was owned jointly with rights of survivorship (joint tenants or tenants by the entirety), the surviving owner usually takes automatically and probate may not be needed for that asset.
• If the property was placed in a revocable trust, the trust instructions govern and probate typically is not required to move trust assets.
• Virginia and some localities may offer simplified procedures for very small estates or limited transfers; whether you qualify depends on statute and local court practice.

Potential complications

Common issues that slow or complicate a transfer include: unclear or missing wills, multiple claimants, liens or mortgages on the property, disputes among heirs or beneficiaries, or errors in the deed/formalities. If disputes arise, additional court proceedings may be required before property can be transferred.

Where to look in Virginia law and court practice

Virginia’s laws about wills, probate, and administration appear in Title 64.2 of the Virginia Code. The circuit court where the decedent lived handles probate matters and issues the representative’s letters, which the representative will use to transfer property: Virginia Code, Title 64.2. For practical procedures (forms, clerk’s office rules, local recording), check the circuit court clerk’s office in the county or city where the property sits or where the decedent lived. The Virginia Judicial System has information about circuit courts and clerks’ offices: https://www.courts.state.va.us/.

Helpful Hints

• Bring the original will and a certified copy of the death certificate when you contact the circuit court clerk.
• Obtain certified copies of the letters testamentary or letters of administration — title companies and the land records office will usually request them before accepting a deed.
• When preparing the deed, identify the personal representative exactly as shown in the court’s letters (for example: “John Doe, Personal Representative of the Estate of Jane Doe, Deceased”).
• Check the county/city clerk’s website or call the clerk’s office for local recording requirements (e.g., notary or witness rules, transfer taxes, recordation forms).
• Confirm whether any mortgage, lien, or unpaid taxes must be satisfied before the deed can be accepted by the title company or recorded clear of clouds.
• If multiple beneficiaries receive the property (for example, tenants in common), consider whether a partition, buyout, or sale will be necessary to resolve co-ownership.
• File and preserve all probate court filings and receipts: future purchasers or title companies may ask to see the probate file or copies of court orders.
• If an heir suggests the property passed automatically outside probate (e.g., joint tenancy), request documentation (deed showing joint tenancy or survivorship language) before assuming probate is unnecessary.

When to consult an attorney: If the estate has significant real property, mortgages, title disputes, or competing claims, speak with an attorney experienced in Virginia probate and real estate. An attorney can prepare the executor’s deed, handle complex title issues, and represent the estate in contested matters.

Disclaimer: This article provides general information about Virginia probate and property transfer procedures and is not legal advice. For advice about a specific situation, consult a licensed Virginia attorney.