Detailed Answer
Including real property in an estate under Virginia law requires precise title management, proper estate‐planning documents and timely probate administration. Below is a step‐by‐step guide.
1. Confirm Ownership and Title Type
• Review the current deed to determine if the decedent held the property as sole owner or with others.
• Joint tenancy with right of survivorship or ownership held in a living trust passes outside probate and cannot be included in the probate estate. Va. Code § 55.1-322 (Joint tenancy with right of survivorship): law.lis.virginia.gov/vacode/title55.1/chapter4/section55.1-322/
2. Execute or Update Your Will or Trust
• Will: Include a specific devise of real property or a residuary clause covering all real property you own alone.
• Revocable Living Trust: Prepare and sign a deed conveying the property into the name of your trust.
3. Record Any Deed Transfers Before Death
• If using a trust, record the trust deed in the local Circuit Court Clerk’s office where the property lies. Va. Code § 55.1-701 (Form and recording of instruments): law.lis.virginia.gov/vacode/title55.1/chapter7/section55.1-701/
• Ensure the deed names you as trustee of your revocable living trust.
4. File for Probate After Death
• Submit the original will and a death certificate to the Circuit Court in the county or city where the decedent resided.
• The court appoints a personal representative (executor) to administer the estate under Va. Code § 64.2-500 et seq.: law.lis.virginia.gov/vacode/title64.2/chapter5/
5. Inventory and Appraise the Property
• The personal representative must file an inventory including a description and fair market value of all real property within eight months of appointment. See Va. Code § 64.2-612: law.lis.virginia.gov/vacode/title64.2/chapter6/section64.2-612/
• Use a licensed real estate appraiser or recent tax assessment to establish value.
6. Proceed with Administration and Distribution
• Pay debts and taxes from estate assets.
• Transfer title to beneficiaries per the will or Virginia’s intestacy laws if there is no valid will (Va. Code § 64.2-200 et seq.: law.lis.virginia.gov/vacode/title64.2/chapter2/).
• Execute and record new deeds conveying the property to beneficiaries.
• Close probate once all distributions are complete.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a licensed attorney to address your specific situation.
Helpful Hints
- Check the property deed early to avoid surprises about title status.
- Keep your will or trust updated after major life events (marriage, divorce, birth of children).
- Record trust deeds promptly to prevent probate bypass or disputes.
- Hire a professional appraiser for accurate property valuations.
- Monitor probate deadlines (inventory due eight months after appointment).
- Communicate clearly with beneficiaries about the probate process to reduce conflict.