Detailed answer: how to liquidate a co-owned Virginia property to cover funeral and property-tax costs
Short answer: Start by confirming how the property is owned and whether it is part of the deceased owner’s probate estate. If all owners agree, you can sell the property privately and split proceeds after paying liens, taxes, and agreed expenses. If owners disagree, or the decedent’s share must be used to pay funeral or other estate debts, you may need either a probate sale (if the property is in the estate) or a court partition (if co-owners cannot agree). Both routes usually require action in the circuit court and can take weeks to months.
1) Identify ownership and title facts
Obtain a copy of the deed from the county land records and determine whether the owners hold the property as:
- Joint tenants with right of survivorship — the survivor typically becomes sole owner automatically on the other owner’s death.
- Tenants in common — each owner holds a separate fractional share; a deceased owner’s share usually passes under their will or by intestacy into probate.
- Owned by an estate or trust — the executor, administrator, or trustee controls the property subject to court or trust terms.
2) Determine whether the property is part of a probate estate
If the decedent owned a separate, inheritable share (for example as a tenant in common), that share will likely pass through probate. Personal representatives can pay funeral expenses and estate debts from estate assets. Virginia’s probate rules and administration fall under Title 64.2 of the Virginia Code; see the Virginia Code gateway for the statutes that govern estate administration: https://law.lis.virginia.gov/vacode/title64.2/.
3) Options to raise cash by selling the property
Which option applies depends on ownership and agreement among co-owners:
- Private voluntary sale: If all co-owners agree, list and sell the property, pay off mortgages/tax liens and expenses, then divide the net proceeds according to ownership shares or agreement.
- Buyout: One co-owner may buy the other owner’s share using cash or a loan, which avoids a public sale.
- Probate sale: If the deceased owner’s share is in probate and the estate needs funds for funeral or taxes, the personal representative can sell estate property under court rules to pay debts. See probate rules in Title 64.2: https://law.lis.virginia.gov/vacode/title64.2/.
- Partition action (court-ordered sale): If co-owners cannot agree to sell or divide, any co-owner can file a partition action in the circuit court. The court may physically divide the land if feasible or order a sale and divide proceeds among owners after paying liens and costs. Partition law and procedures are governed by Virginia law (see Title 8.01 for civil procedure): https://law.lis.virginia.gov/vacode/title8.01/.
4) Paying funeral expenses and creditor claims
Funeral homes and providers can make a claim against the decedent’s probate estate for funeral costs. The personal representative (executor/administrator) handles estate creditors and distributes assets only after valid claims are paid. If estate assets are insufficient, creditors generally cannot force other co-owners to pay just because they co-own the property—unless a co-owner personally guaranteed the obligation or the debt is secured by the property. For guidance on filing claims against an estate and timelines, consult Virginia probate resources: https://law.lis.virginia.gov/vacode/title64.2/ and your local circuit court clerk.
5) Property taxes and tax liens
Unpaid real estate taxes create liens against the property and can lead to interest, penalties, and eventual tax sale under local tax authority rules. Contact the local county or city tax office to learn current tax amounts and redemption rules. Paying property taxes (or arranging payment from sale proceeds) is typically part of the closing process for any sale. If taxes are delinquent and you need to act quickly, ask the tax office about temporary relief, payment plans, or the deadline before a tax lien sale.
6) Practical step-by-step process
- Get the deed and current title information from the county recorder/clerk.
- Confirm how title is held (joint tenancy vs tenants in common vs estate). If uncertain, get a title search.
- Check for mortgages, liens, and unpaid taxes.
- If the decedent’s share is in probate, talk to whoever will be the personal representative and check whether probate is or should be opened; the clerk of the circuit court handles probate filings.
- If all owners agree, hire a real estate agent or sell privately; at closing pay lenders, taxes, liens, funeral claims (if estate has agreed), and split net proceeds per ownership interests or agreement.
- If an owner refuses to cooperate, consult an attorney about filing a partition action in circuit court to force a sale and divide proceeds.
- If funds are needed immediately to cover funeral costs, discuss short-term solutions: a loan, a private advance from co-owners, or negotiating with the funeral home. Funeral providers may accept partial payment or deferred terms while you sort title and probate issues.
7) Timeline and costs to expect
Voluntary sales can close in 30–90 days. Probate sales and partition actions generally take longer—often several months to a year—depending on court schedules and complexity. Costs include attorney fees, court costs, appraisal and title expenses, real estate commissions, and lien payoffs.
8) When to get professional help
Talk to a Virginia probate or real estate attorney if any of these apply:
- Unclear or disputed ownership
- Probate is required or funeral-home claims exist
- Significant liens or complex creditor issues
- Co-owners refuse to cooperate
- You need a court-ordered partition
For court forms, filing procedures, and local clerk contacts, visit the Virginia Courts website: https://www.vacourts.gov/ and the circuit court self-help pages for probate and civil actions.
Disclaimer
This article is informational only and not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, contact a licensed Virginia attorney or your local circuit court clerk.
Helpful Hints
- Start by obtaining the deed and a recent title report before making decisions.
- Contact the county tax office early to learn about delinquent tax deadlines and payment options.
- If you need cash quickly, ask the funeral home about a payment plan while you explore sale or probate options.
- When selling, resolve liens and probate claims in the closing so the buyer receives clear title.
- Consider a buyout if one co-owner can obtain financing—faster and cheaper than court action.
- If you must litigate, expect court timelines and costs; mediation can be a quicker, less expensive alternative to a full partition trial.
- Keep all communications about offers, payments, and agreements in writing and save receipts for taxes and funeral payments.
- Check the Virginia Code titles for governing law: probate and estate administration (Title 64.2) at https://law.lis.virginia.gov/vacode/title64.2/ and civil procedure (including partition actions) under Title 8.01 at https://law.lis.virginia.gov/vacode/title8.01/.
- Use the Virginia Courts website to find your local circuit court clerk and self-help resources: https://www.vacourts.gov/.