Detailed answer — step‑by‑step under Virginia law

Short answer: If your parent died without a will (intestate) and the house was owned solely in their name, you generally need to open an estate in the local Virginia circuit court, get an administrator appointed (letters of administration), settle debts and taxes, then have the court approve distribution of the real property to the lawful heirs. Transfer of title is usually achieved by a deed signed by the administrator or by a court order. Read on for the typical steps, how heirs are determined, and practical alternatives.

1. Confirm how the property was titled

• If the deed was in your parent’s name alone, the property is part of the probate estate and must generally pass through probate.
• If the deed named joint owners with rights of survivorship or as tenants by the entirety with a spouse, the property may pass automatically to the surviving joint owner(s) without probate. Check the recorded deed.
• If the house has a beneficiary deed, transfer on death deed, or a recorded life estate, those instruments control transfer.

2. Identify the heirs under Virginia intestacy rules

Virginia law sets who inherits when someone dies without a will. Common outcomes:

• If there is a surviving spouse and children, the estate will be divided according to the statutory rules.
• If there is no spouse, surviving children generally inherit equally.
• If there are no descendants, the estate can pass to parents, siblings, or more remote relatives.

For the statutory framework, see Virginia Code Title 64.2 (Wills, Trusts, and Fiduciaries): Virginia Code Title 64.2.

3. Open an estate in the local circuit court (probate)

Because the property was owned solely by your parent, someone—typically a close next of kin—must petition the circuit court in the county or city where your parent lived to be appointed administrator. The administrator has authority to manage estate assets, pay debts, and transfer property according to the court’s instructions.

Typical steps in the probate process:

1. File a petition for administration in the circuit court.
2. The court gives notice to heirs and creditors and appoints an administrator if no will names an executor.
3. The administrator gathers assets, prepares an inventory, pays valid debts, and files necessary tax returns.
4. After claims are resolved, the court approves distribution to heirs and grants authority to transfer title.

Virginia courts provide probate information and local forms: Virginia Courts — Probate.

4. How title to the house actually gets transferred

• If the administrator is appointed, the administrator typically signs a deed transferring the property to the heirs, and the deed is recorded in the land records.
• The court can also enter an order of distribution directing transfer or confirm a deed to clear title if necessary.
• If all heirs agree, they may execute a deed of partition, or one heir can buy out the others. If heirs cannot agree, a partition action in court can force sale or division.

5. Special issues to watch for

• Mortgages and liens: A mortgage remains attached to the house; the loan must be paid, assumed with lender approval, or the property sold.
• Creditors and taxes: Valid creditor claims and estate taxes (if any) are paid before distribution. Virginia law gives creditors a period to file claims after appointment of an administrator.
• Homestead allowance and family allowances: Virginia provides certain protections for a surviving spouse and minor children. Those claims have priority in administration under state law.
• Small estates: Virginia has procedures that may simplify transfer for very small estates, but transferring real property often still requires court involvement or a specific affidavit—check local court rules.

6. Alternatives to full administration

• If the property was jointly titled with survivorship, probate may be unnecessary.
• Heirs who all agree can sometimes use an affidavit of heirship or a court‑approved deed, but many title companies require a court order for real estate transfers after an intestate death.
• Consider a small estate or summary procedure if available and appropriate; consult the circuit court clerk for local thresholds and forms.

7. Practical timeline and costs

Timing varies by county and case complexity. Simple administrations may take a few months; estates with claims, debts, or contested heirship can take a year or more. Expect court filing fees, possible bond premiums for an administrator, publication costs for creditor notices, and attorney fees if you hire counsel.

8. When to get legal help

Get an attorney if any of the following apply:

• Heirs disagree about distribution or sale of the house.
• There are substantial debts, multiple creditors, or tax issues.
• The title is unclear, or the title company requires a court order to insure title.
• The estate includes complicated assets or out‑of‑state property.

Useful official resources

• Virginia Code (Wills, Trusts, Fiduciaries): https://law.lis.virginia.gov/vacode/title64.2/
• Virginia Courts — Probate information and local forms: https://www.vacourts.gov/courts/circuit/probate/index.html

Disclaimer: I am not a lawyer. This is general information about Virginia procedures and not legal advice. For advice about your specific situation, consult a licensed Virginia probate attorney or the clerk of the circuit court where the decedent lived.

Helpful Hints — making the process smoother

• Locate key documents: the death certificate, the deed, mortgage statements, bank account records, and any insurance policies.
• Talk to the county/city circuit court clerk before filing: clerks can explain local filing steps and provide required forms and fee schedules.
• Get multiple title searches early: title issues can delay transfer and raise the need for court action.
• If you plan to keep the house, talk to the mortgage lender promptly about options (loan assumption, refinance, or repayment plans).
• Create a simple family agreement in writing if all heirs agree on distribution or sale; have it reviewed by an attorney before recording deeds or selling property.
• Consider mediation if siblings disagree—mediation can be faster and less expensive than litigation.
• Keep careful records of all estate expenses and receipts—administrators must account to the court and to heirs.
• Ask whether probate can be done under a simplified or summary procedure for small estates in your jurisdiction.
• Search publicly available probate guides for your local circuit court online—many courts post step‑by‑step probate checklists and forms.

Finding a probate attorney in Virginia

• Look for an attorney experienced in Virginia probate and estate administration.
• Ask about flat fees for routine administrations vs. hourly billing for contested matters.
• Request references and check the Virginia State Bar website for lawyer directories and disciplinary history.

Final reminder: this article provides educational information about Virginia procedures only and does not constitute legal advice. For a tailored plan, speak with a licensed Virginia probate attorney or contact the clerk of the circuit court in the locality where your parent lived.