Can I Sell My Inherited Property Without Probate in Virginia?

Wondering If You Can Sell an Inherited House in Virginia Without Going Through Probate? Here's the Truth.

Inheriting a home in Virginia can be an emotional and logistical challenge. One of the first and most confusing questions that often comes up is: “Can I sell the house before probate is finished or skip probate entirely?”

The answer? It depends on how the property was owned. In many cases, you can sell inherited property without a lengthy probate process. In others, probate may still be required, but that doesn’t mean your hands are tied.

As a licensed Virginia real estate professional, I help families explore all their options when it comes to inherited real estate. Whether you want to connect with local investors for a private off-market sale or go the traditional listing route, I’ll guide you every step of the way.

First: What Is Probate, and Why Does It Matter?

Probate is the legal process that validates a deceased person’s will and authorizes the distribution of their asset, including real estate. In Virginia, probate is handled by the circuit court in the locality where the deceased lived. Selling a home typically requires clear legal authority, which probate provides. But not all properties need to go through probate, depending on how the ownership was structured.

When You Can Sell Inherited Property Without Probate in Virginia

Here are some common scenarios where probate may be avoided or minimized:

1. Joint Tenancy with Right of Survivorship

If the deceased owned the property jointly with someone else (like a spouse or sibling), and the deed includes “right of survivorship,” ownership automatically transfers to the surviving party. No probate is needed.

2. Living Trust

If the home was placed in a revocable living trust, the trustee can transfer or sell the home without court involvement. This is one of the cleanest ways to avoid probate in Virginia.

3. Transfer-on-Death (TOD) Deed

While not yet common in Virginia, a Transfer-on-Death deed allows a homeowner to name a beneficiary who automatically receives the property upon death, without probate. Virginia adopted TOD deeds in 2013, so this may apply if the original owner used one.

4. Small Estate Exemption

Virginia allows a streamlined probate process for small estates (generally valued under $50,000). In these cases, the property may be sold using an affidavit rather than a full probate proceeding, depending on court approval.

When Probate Is Required

If none of the above apply - and the deceased was the sole owner of the property without a trust or survivorship clause - then the home will likely need to go through probate before it can legally be sold. That said, you don’t have to wait until probate is complete to take action.

Selling During or After Probate: What Are Your Options?

As a licensed Virginia REALTOR®, I can help you:

• Assess your ownership status with title professionals

• Understand whether probate is required

• Work with your attorney or court administrator to prepare for sale

• Line up investor or buyer interest during probate

• List the home after probate is approved, if needed

If you're eligible to sell your inherited property without probate, we can move forward right away. If probate is required, I’ll help you prepare everything so we’re ready to list or negotiate once you receive legal authority.

Listing the Property vs. Selling Off-Market

When it comes to inherited homes, there's no one-size-fits-all solution. Some properties are best suited for the open market. Others are better matched with local investors—especially if they need major repairs or fast closing timelines.

Here’s how both paths work:

Listing on the Open Market

• Professional photography, marketing, and exposure on MLS

• Potentially higher sale price

• Ideal if the home is in solid condition or you’re willing to make light improvements

Selling Off-Market to Investors

• Private sale with minimal prep

• No open houses or public listings

• Often used when the property is dated, occupied, or difficult to market traditionally

I maintain relationships with reputable Virginia investors who purchase inherited homes for cash, and I’ll only recommend them if the offer makes sense for your situation.

Frequently Asked Questions

Can I sell an inherited house while probate is still ongoing?

Sometimes, yes. If you're the appointed executor or administrator, you can accept an offer and proceed with court approval. I’ll help coordinate the timeline with your attorney to ensure everything is handled properly.

Is there a way to avoid probate altogether?

Yes, but it must be arranged before the owner passes. Trusts, TOD deeds, and joint ownership structures are effective tools, but if they weren’t in place, probate is usually necessary.

Can I still sell if the house has a mortgage or liens?

Yes. Those debts will typically be paid off at closing. Whether we list or sell off-market, I’ll make sure everything is clear before proceeding.

Areas Served Across Virginia

Whether you inherited property in a major city or a rural community, I can help you evaluate your options. I frequently assist families in: Alexandria, Fairfax, Falls Church, Manassas, Manassas Park, Arlington, Reston, Herndon, Vienna, McLean, Annandale, Springfield, Tysons, Centreville, Chantilly, Ashburn, Sterling, Leesburg, Dale City, Woodbridge, Lorton, Burke, Franconia, Mount Vernon, and Fort Hunt.

Let’s Talk About Your Inherited Home – No Pressure, Just Clarity

If you’ve inherited a home in Virginia and aren’t sure whether probate is required - or if you want help exploring the fastest, most financially sound way to sell - I’m here to help. As both a real estate agent and a trusted local advisor, I’ll walk you through your options, recommend next steps, and connect you with the right buyer or platform - whether it’s a private investor or the public MLS. You don’t have to navigate this alone. Let’s find the right way forward, together.