Most people who inherit a house in the Richmond area want the same two things: to do it properly, and to not still be dealing with it next summer. The difficulty is that the rules that govern an inherited sale are not in the sales contract. They are in the Code of Virginia, and one of them surprises nearly everybody.
The one-year rule almost nobody is told about
Section 64.2-534 of the Code of Virginia provides that no sale and conveyance of inherited real estate made by an heir or devisee within one year after the death of the decedent is valid against that decedent’s creditors. The same section makes the heir who sells liable for the value of the real estate, with interest, to the people entitled to be paid out of it.
Read that once more, because it is not a technicality. It is the reason a settlement agent starts asking questions when the date on the death certificate is recent, and it is why some inherited sales stall at the title stage rather than the offer stage.
There are two ways through it, both in the statute:
- Wait, or show there is nothing to wait for. The property is not liable to creditors where the sale was made more than a year after the death, the conveyance was bona fide, and at the time no action had been commenced for administration of the real estate and no reports of debts and demands had been filed. The same section treats a sale within the year as if it were made after it, if no administration action was commenced and no report of debts was filed within that year.
- Sell under a court decree. Section 64.2-535 makes a sale within the year valid against creditors where it is made under a decree of a court of competent jurisdiction in a partition action or other judicial sale, and the net proceeds are paid to a special commissioner appointed by the court. The commissioner then holds the money in place of the house, subject to creditor claims, for the balance of the year.
That second route is how families who genuinely cannot wait get to closing. It is also why partition actions, which most people think of as a fight between siblings, sometimes show up in perfectly amicable estates.
If there was no will
Virginia does not leave the house in limbo when someone dies intestate, but the chain of title still has to record who the heirs are. Section 64.2-510 provides for an affidavit, filed with the clerk of the circuit court in the locality where the property sits, setting out a description of the real estate, the fact that the decedent died intestate, and the names and last known addresses of the heirs at law. The clerk records and indexes it the way wills are recorded, and sends an abstract to the commissioner of the revenue so the property can be moved on the land books.
In practice that affidavit is the document that makes an intestate sale possible, and it is usually the first thing a title examiner looks for. If you want to see what is already recorded against the property before you spend anything, our guide to pulling a deed, plat and chain of title yourself walks through it, and what an owner’s title policy covers explains why the examiner cares.
Start with a real number, not a guess
Almost every decision in an inherited sale gets easier once the family agrees on what the house is actually worth: whether to buy a sibling out, whether to spend on repairs, whether waiting out the one-year window costs you anything. Our free home valuation comes with the closed comparables attached, so you can put a defensible figure in front of the other heirs rather than an opinion. Tell us the address and we will pull it.
Who signs the deed is not obvious
People assume the executor sells the house. Frequently the executor cannot, at least not alone. Where a will directs that real estate be sold, Section 64.2-521 deals with the personal representative selling it and receiving the rents. Where the will says nothing, the heirs or devisees may each need to sign the deed.
Resolve this in the first week, because it changes the logistics completely. Four siblings in four states is a solvable problem if you start early and a closing-date disaster if you start late. Virginia has specific requirements for what a power of attorney must contain to work at a real estate closing, which we set out in using a power of attorney at a Virginia closing.
The disclosure form you probably do not have to fill in
Section 55.1-702 lists the transfers excluded from the Virginia Residential Property Disclosure Act. Two of them matter here: transfers ordered by a court in the administration of an estate, and transfers by a fiduciary in the course of administering a decedent’s estate, guardianship, conservatorship or trust.
So an estate sale is often exempt from the standard disclosure form. Two cautions. First, whether your sale qualifies depends on who signs the deed and in what capacity, and an heir selling in their own right is not obviously the same as a fiduciary selling in the course of administration. Second, an exemption from one form is not an exemption from candour. Buyers in this market ask, buyer agents write it into the offer, and “the estate has no knowledge of the property” is a legitimate answer only when it is true. From the buyer’s side of the same transaction, we wrote what buyers should expect when buying from an estate or heirs, which is worth reading to see what is coming.
Where the paperwork goes, by locality
Probate is handled in the circuit court of the locality where the decedent lived. Henrico County publishes its requirements on its probate and estate administration page, and its Circuit Court Clerk’s Office handles the recording. Chesterfield County, Hanover County and the City of Richmond each run their own circuit court clerk’s office with its own appointment process and fee schedule. Call before you drive over; requirements differ more than you would expect across a twenty-minute radius.
What the market is doing while the estate settles
Closed single-family sales, August 2026
| Locality | Median sold price | Year over year | Days on market | Months of supply |
|---|---|---|---|---|
| Richmond City | $403,500 | down 5.3% | 26 | 1.4 |
| Henrico County | $425,000 | up 7.9% | 18 | 1.6 |
| Chesterfield County | $453,975 | up 0.9% | 22 | 1.9 |
| Hanover County | $510,000 | up 6.3% | 24 | 2.3 |
| Richmond Metro | $450,000 | up 3.7% | 22 | 1.8 |
| Median price per square foot | [DATA NEEDED: median price per square foot, August 2026, by area] | |||
Closed single-family sales, August 2026, from Central Virginia Regional MLS, published in the Richmond Association of REALTORS housing reports, current as of 10 September 2026. These are locality-wide medians, not figures for any particular house or submarket.
The reason to look at this before you panic about the one-year rule: at 1.4 to 2.3 months of supply across the metro, waiting a few months is not the market risk people assume it is. Inherited houses usually need clearing, and often a roof or an HVAC decision, and those take time anyway. Plan the sequence rather than racing it. When you do get to costs, what it costs to sell a Richmond home and the capital gains position on a Richmond sale are the two numbers that decide what the family actually nets.
A sensible first month
- Find the will, or establish there is not one, and check whether it directs that the real estate be sold.
- Get the date of death fixed on paper and work out where you sit against the one-year window.
- Open the estate with the right circuit court clerk and find out who has authority to sign a deed.
- Get a valuation with comparables attached, and circulate it to every heir at the same time.
- Secure the house: locks, insurance, utilities, and somebody physically checking it. Vacant-property insurance is a different product from a normal policy and carriers do ask.
- Then, and only then, talk about listing dates.
Homes sold from estates are among the most scrutinised listings on the market, because buyers know nobody has lived in them recently. Our post on what buyers check on a second showing is a useful mirror to hold up before you list. If you want to see what comparable homes have actually closed for, our recently sold properties page and the full market search are both open.
Questions we get from families selling an inherited home
Can I sell an inherited Richmond house immediately?
You can list it and you can contract on it, but Section 64.2-534 of the Code of Virginia provides that a sale and conveyance by an heir or devisee within one year of the death is not valid against the decedent’s creditors, subject to the exceptions in that section and in Section 64.2-535. Raise it with a Virginia real estate attorney and the settlement agent before you accept an offer, not after.
What are the exceptions to the one-year rule?
Two matter in practice. A sale within the year is valid against creditors if it is made under a court decree in a partition or other judicial sale and the net proceeds go to a court-appointed special commissioner, who holds them in place of the property. Separately, a sale within the year is treated as if it were made after the year if no action has been commenced for administration of the real estate and no report of debts and demands has been filed within that year.
The decedent had no will. Does the house still pass to us?
In Virginia real estate passes to the heirs at law rather than sitting in limbo, but the chain of title has to show who those heirs are. Section 64.2-510 provides for an affidavit, recorded with the circuit court clerk in the locality where the property sits, describing the real estate, stating that the decedent died intestate, and naming the heirs and their last known addresses. The clerk records and indexes it as wills are recorded.
Do we have to fill in the Virginia residential disclosure form?
Often not. Section 55.1-702 exempts transfers by a fiduciary in the course of administering a decedent’s estate, and transfers ordered by a court in administration of an estate, from the Residential Property Disclosure Act. Whether the exemption covers your particular sale depends on who is signing the deed and in what capacity, which is an attorney question.
Does the exemption mean we do not have to tell buyers anything?
No. The exemption is from one statutory form, not from every duty. Other disclosure obligations can still apply, and material facts a seller actually knows are a different question from a checkbox form. Assume a buyer will ask and decide with your attorney what you say.
There are four of us and one wants to keep the house. What happens?
Co-owners who cannot agree can end up in a partition action, which is a court proceeding. It is slow and it costs money, and the usual outcome is a sale anyway. Almost every family in this position does better by agreeing on a buyout price against a real appraisal or a documented market valuation before anyone instructs a lawyer.
Who actually signs the deed at closing?
Whoever holds title, which is not automatically the executor. If the will directs that the real estate be sold, Section 64.2-521 addresses the personal representative selling it. If it does not, the heirs or devisees may all need to sign. Settle this question in week one, because it determines whether you need every sibling at the table or a valid power of attorney.
Can an out-of-state heir sign remotely?
Usually yes, through a properly drafted power of attorney or a mail-away closing arranged with the settlement agent. Virginia has specific requirements for what the power of attorney must say for a real estate closing, which we covered in a separate post linked above. Arrange it early; it is a common cause of last-minute delays.
What is the house worth, and which value do we need?
Potentially two values: a date-of-death value for estate and tax purposes, and a current market value for the sale. They are different numbers for different purposes. Get the tax treatment from a CPA and the market value from closed comparables in the same submarket.
Where is probate handled for a Richmond-area estate?
In the circuit court of the locality where the decedent resided. Henrico publishes its process on the county website, and Chesterfield, Hanover and the City of Richmond each run their own circuit court clerk’s office. Call ahead; the clerks are generally helpful about what documents to bring.
Get the valuation the family can actually agree on
The fastest way to unstick an inherited sale is a defensible number with the comparables attached. Ours is free and we will send it to every heir at once so nobody is working from a different figure. Request the valuation, or talk it through with one of our agents before you commit to anything. When you are ready to plan the sale itself, start here.
