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Detailed Answer

This is not legal advice. Always consult a licensed attorney in the jurisdiction where the property lies.

1. Identifying the Proper Deed

Under Virginia law, how heirs convey their intestate share depends on whether the Virginia probate process has appointed a personal representative and whether the property is located outside the Commonwealth.

• When an Estate’s Personal Representative Exists:

  If the Virginia court has appointed a personal representative (PR) and the decedent owned out-of-state real property, the PR must open an ancillary proceeding in the other state. After qualification, the ancillary PR executes an ancillary administrator’s (or executor’s) deed. This deed transfers title from the estate to the buyer or heirs.

  • Authority: Virginia Code § 64.2-710 (ancillary administration) (link)
  • Form and Powers: Virginia Code § 64.2-1503 (power to sell or convey estate realty) (link)

• When No Personal Representative Is Appointed:

  If heirs choose to transfer their interests without probate or ancillary administration, they typically use a quitclaim deed—often called an “heir’s deed.” A quitclaim deed conveys whatever interest the signing parties hold, without warranties.

  • Requirements: Must be in writing, identify grantors and grantee, describe the property, and be acknowledged before a notary.
  • Conveyance Statute: Virginia Code § 55.1-700 (instrument affecting real estate) (link)

2. Execution and Acknowledgment

All deeds must be signed by the grantors (heirs or PR) in the presence of a notary public. The notary then affixes an acknowledgment. For deeds executed outside the state where the property lies, most states accept acknowledgments from any U.S. notary.

3. Recording the Deed

1. Take the original deed (with original notarial acknowledgment) to the Clerk of Court (or Recorder’s Office) in the county or parish where the property is located.
2. Submit the deed for recording, pay the applicable recordation fee and transfer taxes. Each jurisdiction sets its own fees.
3. After recording, obtain a certified copy or a stamped original as proof of recordation.

Helpful Hints

• Verify whether ancillary probate is required in the state where the property sits.
• Use an attorney or title company to confirm the proper deed form and local recording requirements.
• Check for unpaid property taxes or liens before closing; these can block recordation.
• Confirm that all heirs/grantors sign the deed in the presence of a notary.
• Keep copies of all recorded documents and receipts for your records.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Always consult a qualified attorney before taking action.