Selling an inherited home in Richmond, VA, can often happen before the estate is fully settled, but only after the executor or personal representative qualifies and only with a power of sale in the will or a court order. Notice and inventory duties start in the first 4 months. Confirm authority and dates with the estate attorney before you list.
This guide covers selling the house through a Virginia estate in Richmond, Henrico, or Chesterfield. It isn't a will-drafting, trust, or estate-tax guide. The attorney, CPA, and commissioner of accounts have the last word on a specific file.
Can an executor sell a house before probate closes in Virginia?
It depends on 2 things. The personal representative has to qualify with the circuit court clerk, and the will or a court order has to give a power of sale.
A will can grant that power, or it can incorporate fiduciary powers under Va. Code 64.2-105. A circuit court can also grant those powers under Va. Code 64.2-106. Don't assume heirs can sign the listing or the deed on their own, and don't assume qualification alone is enough to convey title.
Title companies often ask about timing because of Va. Code 64.2-458. A bona fide purchaser without notice from a personal representative with power of sale under the will is protected if the will is later impeached and results in intestacy, unless a complaint is filed within 1 year after the testator's death. That's a purchaser-protection rule, not a reason to skip counsel.
Under Va. Code 64.2-520.2, a person conducting business in good faith with a personal representative who presents a currently effective certificate of qualification may presume the personal representative is properly authorized. The same section lists when a person may refuse the certificate, such as a good-faith belief that the personal representative lacks authority. Settlement and title teams still do their own review. Keep the estate attorney involved.
The first 4 months: qualification, notice, and inventory
The first work is administrative. The sale usually waits on this foundation.
| When | What to complete | Source |
|---|---|---|
| Qualification | The clerk confers authority to serve as personal representative | Circuit court clerk |
| Within 30 days after qualification or admission of the will to probate | Written notice of probate or qualification to the surviving spouse, heirs at law, and will beneficiaries | Va. Code 64.2-508(A) and (D) |
| Within 4 months after the order conferring authority | Inventory of estate assets, including real estate over which the personal representative has the power of sale, filed with the commissioner of accounts | Va. Code 64.2-1300 |
| Within 4 months | Affidavit of that notice recorded in the clerk's office where the will is recorded | Va. Code 64.2-508(F) |
| Within 16 months of qualification | First account to the commissioner of accounts, covering the first 12 months | Va. Code 64.2-1304(A) |
The notice under 64.2-508(C) also reminds recipients about the 4-month inventory and the 16-month first account.
The inventory includes personal estate under the personal representative's control and real estate over which the personal representative has the power of sale, plus other real estate that's an asset of the estate. Ask the estate attorney which parcels belong on it.
Who signs, and who gets the money
Once authority to sell is in place, the personal representative lists and conveys the property. If there's no power of sale, the heirs or devisees who hold title may have to sign instead, and a sale within 1 year of death can stay exposed to the decedent's creditors under Va. Code 64.2-534. Ask the estate attorney which path fits the file. Sale proceeds generally go to the estate first.
If the decedent's personal estate isn't enough to pay debts and lawful demands, the real estate becomes an asset for paying them under Va. Code 64.2-532. Remaining funds then go to beneficiaries under the will or, if there's no will, under intestacy. The estate attorney and the commissioner of accounts oversee that order.
| Topic | Estate or probate sale | Ordinary owner sale |
|---|---|---|
| Who signs | The personal representative, or the title-holding heirs or devisees if there's no power of sale | The owner or owners on title |
| Where proceeds go | When the personal representative sells, to the estate first, then debts and lawful demands, then beneficiaries. Heirs who sell stay liable to creditors for the value | To the sellers after payoffs and closing costs |
| State disclosure act | Fiduciary transfers in the course of administering a decedent's estate are excluded under 55.1-702(A)(3) | The Virginia Residential Property Disclosure Act generally applies, subject to its other exemptions |
| Title questions | Power of sale, timing, and 64.2-458 purchaser protections often come up | Ordinary title and lien review |
Disclosures on an inherited house
Va. Code 55.1-702(A)(3) excludes transfers by a fiduciary in the course of administering a decedent's estate from the Virginia Residential Property Disclosure Act. That exemption covers the personal representative's sale. If heirs sell in their own names, ask the estate attorney whether the act applies. The exemption also doesn't cancel every other disclosure duty.
Federal lead-based paint rules still apply to most pre-1978 housing. Under 40 CFR Part 745, Subpart F, a seller of target housing must disclose known lead-based paint or lead-based paint hazards, provide available records, give the purchaser the lead pamphlet, and allow a 10-day opportunity to inspect for lead. The buyer can waive it in writing, or both sides can agree in writing to a different period. A few sales are excluded, such as foreclosure sales. See also the EPA real estate disclosure page. Local or contract disclosures can still apply. If the inherited home is rented, see our guide to selling a tenant-occupied home. For the broader state disclosure rules that apply outside this fiduciary exemption, see our Virginia seller disclosure guide.
Don't treat the state exemption as a reason to hide known defects. Confirm the disclosure package with the estate attorney.
Carrying the house while the estate is open
Until the sale closes, the estate still carries taxes, insurance, utilities, and upkeep. A vacant house can trigger a vacancy clause or require a vacant-home policy. Call the insurer and say the home is vacant so coverage matches the facts.
Local tax rates and appeal calendars matter if the estate will hold the property across a due date or an appeal window. Confirm the current bill and any appeal date with the locality.
| Locality | 2026 real estate tax rate (per $100 of assessed value) | Appeal and payment notes |
|---|---|---|
| Henrico | $0.83 | Assessment appeal deadline is April 1 (the following Monday if April 1 falls on a weekend). Real Estate Assessment Division: 804-501-4300, option 4. |
| Chesterfield | $0.89 | Appeal to Real Estate Assessments by March 15. Board of Equalization deadline is April 15. |
| City of Richmond | $1.20 | January 1 value. First-half payment due January 14. Second-half payment due June 14. Confirm current appeal dates with the City Assessor. |
For locality comparisons, see our property tax rates by county and our property tax appeal guide.
The City of Richmond's proposed budget for fiscal year 2027 describes an assessment freeze to realign its reassessment cycle. Confirm the current assessed value and appeal dates with the City Assessor.
Repairs, cleanout, and pricing
Use a short triage before spending estate funds:
- Safety and function first, including heat, water, and hazards that block showings.
- Cleanout and basic presentation.
- Light repairs that clearly help pricing.
- Deferred items that can stay in an as-is sale.
Some inherited homes sell as-is after a cleanout. Others benefit from limited prep. Compare those paths with a written estimate and a pricing opinion before you spend. See our as-is sale guide and our 2026 pricing guide.
A date-of-death appraisal or a comparative market analysis can support pricing and later tax-basis questions. Step-up in basis questions belong with the CPA.
If family members are also leaving a larger home, our downsizing guide covers that move as a separate decision.
Heirs who disagree or live out of state
If more than 1 heir has to consent, get written agreement on price, repairs, and timing before you list. Out-of-state heirs can often complete settlement documents remotely when the settlement agent supports it, but that's a logistics question, not a substitute for legal authority to sell.
When heirs disagree, or when there's no personal representative with a power of sale and the heirs can't all sign, the estate attorney may need to seek a court order. Don't try to get a listing signed without the authority to sell.
Commission and fees
Listing compensation is negotiable and is set in the listing agreement. On an estate sale, that fee is typically paid from estate proceeds at closing, on the terms the personal representative signs. There's no fixed or standard percentage. Other costs can include probate and attorney fees, the commissioner of accounts, insurance, taxes, utilities, cleanout, and any agreed repairs. Ask the estate attorney how those get approved and paid.
Frequently asked questions
Can an executor sell a house before probate is finished in Virginia?
Often yes, after the personal representative qualifies and has a power of sale in the will or a court order. Finishing the entire estate isn't always required first. Title companies still review authority, timing, and 64.2-458 purchaser protections. Don't list or accept an offer until the estate attorney confirms who can sign the contract and the deed.
Do you have to disclose problems when selling an inherited house in Virginia?
When a personal representative sells while administering the estate, 55.1-702(A)(3) excludes the sale from the Virginia Residential Property Disclosure Act. Heirs selling in their own names may not get that exemption. Federal lead-based paint disclosures for most pre-1978 housing can still apply. Don't treat the exemption as a reason to hide known defects. Confirm the package with the estate attorney.
How long does an executor have to file an inventory in Virginia?
Va. Code 64.2-1300 requires the inventory to go to the commissioner of accounts within 4 months after the date of the order conferring authority. The statutory notice in 64.2-508(C) also mentions that 4-month inventory filing. Ask the estate attorney which assets belong on the inventory, including real estate with a power of sale.
Who gets the money when an estate sells a house?
Sale proceeds generally go to the estate first, not straight to the heirs. If the personal estate can't cover the decedent's debts, the real estate becomes an asset for paying them under Va. Code 64.2-532. Remaining funds then go to beneficiaries under the will or intestacy. The estate attorney and commissioner of accounts oversee that order.
Should we fix up an inherited house before selling it?
Start with safety and function, then cleanout, then only the repairs that clearly help pricing. Some inherited homes sell as-is after a cleanout. A date-of-death appraisal or a comparative market analysis can inform pricing and later tax-basis questions, but step-up in basis questions belong with the CPA. Compare as-is and light-prep paths before spending estate funds.
If you're an executor planning a Richmond-area inherited-home sale, book a consultation with Daniel Yoon, REALTOR®, eXp Realty to walk through the timeline and pricing questions.
Educational information only, not legal, tax, or lending advice. Confirm qualification, sale authority, deadlines, disclosures, and the distribution of proceeds with the estate attorney, the CPA, and the commissioner of accounts on the specific file. Confirm local tax rates and appeal dates with the locality.