Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When a homeowner in Virginia dies without a will, their real estate passes according to Virginia’s intestate succession laws (Va. Code § 64.2-200 et seq.). Title cannot transfer automatically to individual heirs until a court-appointed administrator handles the estate. Follow these steps:
1. Petition the Circuit Court and Appoint an Administrator
An interested party (often a close heir) files a petition with the local circuit court to open probate and request appointment as estate administrator. Under Va. Code § 64.2-509, the court issues letters of administration once the petitioner posts any required bond.
2. Identify Heirs and Calculate Shares
The administrator compiles a list of heirs under Virginia’s intestacy rules. If the decedent left neither a spouse nor children, the estate passes equally to surviving parents (Va. Code § 64.2-201). If there are multiple children and no spouse, the property divides equally among them (Va. Code § 64.2-200). For full details, see the statutes at https://law.lis.virginia.gov/vacode/title64.2/chapter2/.
3. Execute and Record the Administrator’s Deed
After debts and taxes are paid, the administrator prepares a deed conveying title from the decedent’s estate to the heirs. The deed must identify the administrator (e.g., “John Smith, Administrator of the Estate of Jane Doe”) and be acknowledged before a notary. File the recorded deed with the clerk of the circuit court in the county where the property lies.
4. Address Disputes or Partition Actions
If heirs cannot agree on retaining or selling the property, any heir may petition for partition under Va. Code § 8.01-87 (https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-87/). The court can order a sale and distribute proceeds according to each heir’s share.
Helpful Hints
- Contact your local circuit court clerk early to obtain probate forms.
- Gather deeds, death certificates, and heirship affidavits before filing.
- Verify heir identities through birth certificates, marriage records or genealogical research.
- Consider hiring a real estate attorney to prepare and record the administrator’s deed correctly.
- Discuss mediation if heirs disagree to avoid costly partition litigation.