When a parent dies owning real estate solely in their name, title does not automatically pass to heirs. In Virginia, you must follow statutory procedures to identify the legal owner and record clear title. This guide explains key steps under Virginia law.
Detailed Answer
1. Check for a Transfer-on-Death Deed
Virginia permits revocable transfer-on-death deeds. If your parent executed one, ownership passes directly to the named beneficiary without probate. Look for language granting a contingent future interest that vests on death. You can review Va. Code § 55.1-100 and related sections for requirements and formality rules.
2. Locate a Last Will and Testament
If your parent left a valid will, it controls who gets the property. The will’s executor must admit it to probate in the circuit court where the property lies. After probate, the executor holds authority to transfer title by recording a “Personal Representative’s Deed.”
3. Intestate Succession When There Is No Will
Absent a will or transfer-on-death deed, the estate passes by intestacy under Virginia’s laws. Generally, children share equally if there is no surviving spouse. For statutory distribution rules, see Va. Code § 64.2-200. The court appoints an administrator to handle the estate.
4. Open Probate or Administration
You must file a petition in the circuit court of the county or city where the real estate is located. The court issues letters testamentary (for a will) or letters of administration (for intestacy). The appointed fiduciary then can convey title by executing and recording a deed.
5. Record the New Deed
Once the personal representative or administrator signs the deed, record it with the clerk’s office in the land records. Include the decedent’s name, estate file number, and proof of appointment. Recording finalizes the transfer and establishes clear ownership.
Disclaimer: This article is for general informational purposes and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Obtain multiple certified copies of the death certificate.
- Search the circuit court clerk’s probate records for wills or administration files.
- Ask the clerk for guidance on filing fees and required forms.
- Consider future planning tools, like a transfer-on-death deed, to avoid probate delays.
- Keep deeds, titles, and estate documents in a secure, accessible place.
- Verify all heirs’ identities and addresses to prevent disputes.