Short answer

As the personal representative (executor) in Virginia you must: be validly appointed and hold letters testamentary or letters of administration; identify estate assets and debts; determine whether the will or heirs authorize a sale; obtain any required court permission; market and sell the property in an arm’s‑length transaction; pay secured claims and creditors from the sale proceeds; and account to the court and beneficiaries. Follow Virginia probate rules under Title 64.2 of the Code of Virginia and your local circuit court procedures.

See the Code of Virginia, Title 64.2 (Wills, Trusts, and Decedents’ Estates): https://law.lis.virginia.gov/vacode/title64.2/

Detailed answer — step‑by‑step under Virginia law

1. Confirm your authority

Do not act until the court has appointed you and issued letters testamentary (if there is a will) or letters of administration (if not). Those letters are the document that proves you may deal with estate property and enter contracts on the estate’s behalf.

2. Take inventory and secure the property

Prepare an inventory of estate assets (including the real property), locate originals of deeds and title documents, and secure the premises. If the property is occupied, determine tenancy status and whether immediate steps (locks, insurance, utilities) are needed to protect estate value.

3. Identify debts, mortgages, and liens

Collect creditor claims, mortgage statements, liens, unpaid property taxes, homeowners association assessments, and other encumbrances. A mortgage or deed of trust survives probate and generally must be paid or assumed at closing.

4. Decide whether you need court permission to sell

Whether you must ask the court for an order to sell depends on several things:

• Does the will expressly authorize the personal representative to sell real property? If so, that often gives you authority without a separate hearing.
• Have all heirs or beneficiaries signed a written consent to the sale? If all distributees agree in writing and no one objects, the sale may proceed more simply.
• If the will is silent and beneficiaries do not all consent, or if the sale is to satisfy debts and the property is a major asset, the safe course is to petition the circuit court for an order (a “license” or authorization to sell). The court will evaluate whether sale is necessary to pay debts and whether sale terms are reasonable.

Virginia’s probate statutes and circuit court procedures govern these steps; see Title 64.2 of the Code of Virginia for the statutory framework: https://law.lis.virginia.gov/vacode/title64.2/

5. Value the property

Obtain at least one professional appraisal or broker’s market analysis. An independent appraisal helps show the sale is in the estate’s best interest and can be important if the sale later requires court confirmation.

6. Market and sell at arm’s‑length

Sell the property through normal real‑estate channels (MLS, broker, open market) unless the court orders a different process. Avoid conflicts of interest (for example, selling to yourself or to a close relative without full disclosure and court approval). Use a standard purchase agreement and include title and closing protections for the estate.

7. Obtain any required court confirmation

If you sold the property under authority granted in a will or by court order, the sale may still need court confirmation in certain circumstances (for example, if the sale price is below appraised value, if beneficiaries object, or if statutory procedures require confirmation). If you obtained an order authorizing the sale, follow the court’s directions about notice and confirmation hearings.

8. Close, pay liens and creditors, and preserve records

At closing, pay off mortgages, liens, taxes, and reasonable closing costs from sale proceeds. Keep detailed records (closing statement, payoff letters, invoices). Pay claims in the proper order and only after claims are allowed under Virginia law and local court rules.

9. Account to the court and distribute remaining assets

Prepare and file final accountings as required by the circuit court, show how sale proceeds were applied to debts, expenses, and distributions, and obtain court approval before distributing remaining funds to beneficiaries. Retain documents in case beneficiaries or creditors request review.

10. Tax and recording steps

Record the deed transfer, pay any required recordation or transfer taxes, and file necessary estate tax or income tax returns. Virginia has no state estate tax, but federal estate tax or income tax can apply depending on estate size and transactions. Consult a tax advisor for filings and deadlines.

Common practical issues and how Virginia law treats them

Priority of claims

Virginia law sets rules for presenting and allowing claims against the estate. Secured creditors (mortgages) are paid from the encumbered asset’s proceeds. Administrative expenses and funeral costs typically have priority for payment from estate assets. Because specifics and priorities can vary, follow your circuit court’s requirements and Title 64.2 procedures.

Selling encumbered property

Mortgages and liens generally must be paid at closing unless the buyer agrees to assume them and the lender permits assumption. Ensure payoffs are arranged so title transfers free and clear to the buyer as required by the purchase agreement.

Conflicts of interest and transactions with heirs

If you or a family member wishes to buy the property, fully disclose the relationship to all beneficiaries and the court. The safest path is written beneficiary consent and, if necessary, court approval. Courts scrutinize related‑party transactions closely.

When you should consult an attorney

Consult a probate or real‑estate attorney if any of these apply:

• Beneficiaries or creditors object to the sale.
• Title issues, disputed ownership, or hidden liens exist.
• The sale involves related parties or potential conflicts of interest.
• Tax issues (estate tax, capital gains) may be significant.
• The property is complex (commercial property, environmental concerns, rental units with tenants).

Helpful Hints

• Get formal letters testamentary or of administration before signing contracts — title companies will require them.
• Document every decision, who agreed, and why you concluded a sale was necessary — good records protect you from later claims.
• Obtain a professional appraisal before marketing the property, especially if beneficiaries might dispute the sale price.
• Pay secured creditors first from sale proceeds; unresolved liens can block a clean title transfer.
• If beneficiaries agree in writing to a sale and distribution, you may avoid some court steps — but still follow statutory notice and accounting rules.
• Use experienced estate closing/title services familiar with probate sales — they understand payoff demands and recording requirements.
• Act promptly on creditor claims; delay can increase estate liability and litigation risk.
• Keep personal and estate funds strictly separate. Never commingle estate funds with your own bank accounts.