How does a POA end at death and how can heirs sell jointly inherited Virginia property?

1. Understanding termination of a financial power of attorney at death

A power of attorney (POA) is a legal document authorizing someone—called an agent—to act on another’s behalf. In Virginia, both durable and non-durable POAs end the moment the principal dies. See Va. Code § 64.2-1605. Once the principal is deceased, the agent loses all authority to manage bank accounts, pay bills or sell assets.

After death, only the personal representative named in the will—or a court-appointed administrator if there’s no valid will—can handle estate affairs. The former agent should promptly notify banks, investment firms and other institutions. They must turn over the original POA, any financial records and a copy of the death certificate to the probate clerk. In Fairfax County, file these with the Fairfax County Circuit Court Clerk. If your matter is in a different county, check your local clerk’s office for filing requirements and fees.

2. Selling jointly inherited property in Virginia

Heirs inherit real estate as tenants in common, each holding an undivided share. To sell the property, you generally have two paths:

• Joint conveyance: All heirs consent and sign one deed transferring title to a buyer. Steps:
  • Open probate and obtain a Certificate of Qualification (letters testamentary or letters of administration) from the circuit court. See Va. Code § 64.2-600.
  • Collect certified copies of the death certificate.
  • Prepare the deed with complete legal descriptions and parcel ID.
  • All heirs sign before a notary; record it at the Circuit Court Clerk’s Office (Fairfax County: 4110 Chain Bridge Road).
  • Pay the state recordation tax (currently $0.25 per $100 of value).
• Partition action: If heirs cannot agree, file a partition suit under Va. Code § 8.01-115. The court can appoint a commissioner to sell the property and divide proceeds among heirs. Key points:
  • File a verified complaint in circuit court and serve it on all co-owners.
  • Pay applicable filing and commission fees.
  • After sale, the court issues an order confirming the sale and disbursing funds.

In Fairfax County, submit conveyance deeds or partition complaints to the Fairfax County Clerk’s Office. If you live elsewhere, contact your county clerk for local forms, fees and timelines.

Helpful Hints

• Notify financial institutions immediately when a POA ends on death.
• Obtain multiple certified death certificates—banks often require originals.
• Verify heir names and addresses before drafting a deed.
• Expect probate to take 4–6 months; partition actions may add several months more.
• Try a voluntary sale first; partition is a last resort when heirs disagree.