If you’re reading this, someone you love has probably passed away and left a house in Richmond or a nearby county. I’m sorry. Grief is hard enough without court paperwork, a mortgage statement, and a house full of belongings all landing on you at once.

I’m Joe with Richmond Property Buyers. I buy houses as-is for cash in Richmond and the surrounding area, and a lot of those houses come from estates. I’m not an attorney, and this post is not legal advice. What I can do is explain, at a high level, how probate and a house sale usually fit together, which questions to bring to a Virginia attorney, and how a direct sale works once the right person has authority to sell.

Be careful with one-size probate checklists

A lot of probate articles online lay out a single court process: get a certified appraisal, petition the court to sell, advertise a hearing, and take bids in the courtroom. That process exists in some states and in some court-supervised sales. It is not how every Virginia estate sale works. Whether your estate needs any court involvement to sell depends on the will, how the house was titled, and your family’s facts. So instead of a checklist, I’ll give you the questions that decide how your sale works. A Virginia probate or real estate attorney can answer them.

What “probate” generally means in Virginia

In general terms, probate is the court process for proving a will (if there is one), qualifying someone to manage the estate, and settling debts before property goes to the people entitled to it. In Virginia, that process usually starts with the Clerk of the Circuit Court in the city or county where the person lived. The person the clerk qualifies is often called the executor (when there’s a will) or the administrator (when there isn’t).

Each clerk’s office has its own appointment process and paperwork list. My area pages cover a few local offices:

Selling a house in the City of Richmond (Richmond Circuit Court Clerk’s Probate Division)
Selling a house in Henrico County (Henrico Circuit Court Clerk)
Selling a house in Chesterfield County (Chesterfield Circuit Court Clerk’s Probate Division)

Call ahead. Requirements and scheduling are set locally and can change.

Is the house actually “in probate”?

Not always. People use “probate house” for very different situations. Questions I’d bring to an attorney:

Was there a will? If so, has it been probated, and does it say anything about the executor’s power to sell real estate?
How was the house titled? A house owned jointly with survivorship rights, held in a trust, or covered by a transfer-on-death deed may pass differently from a house owned in the deceased person’s name alone.
If there was no will, who are the heirs? In Virginia, a house can pass to the heirs under state law, and the heirs may need to be identified and documented before a title company will insure a sale.
Is the estate small? Virginia has a small estate process for certain personal property, but it usually doesn’t cover real estate. My FAQ has a short answer on small estate affidavits and houses. Your attorney can tell you which route fits.
Is there a mortgage or reverse mortgage? Loans don’t pause because someone passed away. Find out who the servicer is and what they need from the estate.

Who has authority to sell? (The part a buyer cares about most)

When I buy any house, the title company or closing attorney has to be satisfied that the people signing the deed can convey clear title. With an estate, that comes down to authority. Depending on the facts, the deed might be signed by:

An executor who has qualified with the clerk and has the power to sell under the will
The heirs or beneficiaries signing together
Someone acting with court approval, when the situation calls for it

I can’t tell you which one applies to your family, and you shouldn’t rely on a blog to decide. Your attorney can tell you whether the estate is in probate, whether the executor can sell without going back to court, whether every heir needs to sign, and whether creditor claims or timing rules affect when the money can be distributed. The settlement agent will have their own requirements, too, and they’re the ones who say when title is clear.

If heirs don’t agree on whether to sell, that’s a separate problem with its own options. I cover it in selling a house with multiple owners in Richmond.

Can you sell before probate is “finished”?

Sometimes. Probate can stay open for a while after the executor qualifies, and in some estates the house can be sold during that time. In others, something has to happen first. It depends on authority, the will, and what the title company requires.

What I tell families is this: we can talk, I can look at the house, and we can agree on a plan at any point. Signing a contract and a deed is a different matter. Check with your attorney before anyone signs anything on behalf of the estate.

Practical things that pile up while you wait

Even when the legal side is moving, the house keeps costing money and attention. Things I see families deal with:

Taxes and insurance. Real estate taxes keep coming due. Tell the insurance company the house is vacant, because some policies treat an empty house differently.
Utilities and upkeep. Lawn, gutters, and keeping the heat on in winter so pipes don’t freeze.
Belongings. Decades of furniture, papers, and keepsakes. Sorting them is emotional, and it takes time.
Repairs. Older houses often come with deferred maintenance that makes a retail listing harder. See selling a Richmond house with too many repairs.
Tenants. If the house is rented, leases and deposits still matter. See selling a house with tenants in Virginia.
Back taxes or missed payments. If taxes or the mortgage fell behind before or after the death, read selling a house with tax liens or how to stop foreclosure in Richmond, and talk to the servicer early.

Probate vs. inherited house: related, not the same

Probate is about the legal process and who has authority. Inheriting a house brings broader decisions: keep, rent, or sell, what it costs to hold, and how heirs split things. For those choices, see how to sell an inherited house in Richmond.

Your options for selling an estate house

Once the right person can sign, an estate house sells like most other houses. The main paths:

Fix it up and list it. Often the highest price if the estate has the money, time, and patience for repairs, showings, and a buyer’s financing.
List it as-is. Less work up front, but buyers with loans may run into appraisal or repair problems on older or dated houses.
Sell direct for cash as-is. Usually a lower price than a renovated retail sale, in exchange for no repairs, no showings, no cleanout, and a closing date the estate picks.

If the house is in good shape and the estate has time, listing with a good local agent will often net more than my offer, and I’ll tell you that. For a side-by-side look, use my compare page.

How I buy probate and estate houses

When the estate wants a simpler path, this is how it works with me:

As-is, contents and all. You don’t have to repair, clean, or empty the house. Take what matters to the family, and we’ll put in writing what stays.
No commission to me. I’m a buyer, not an agent. I pay the seller’s closing costs, including Virginia’s grantor tax.
Quick response. I aim to get back to you within about three hours, walk the house, and give you a written, no-obligation offer with the math explained.
Earnest money is negotiable. Whatever we agree on goes into the contract.
Offer stability. Once we agree on a price, I rarely lower it. The exceptions are things nobody knew about going in, like an unexpected lien in the title search or a serious hidden defect.
Who is buying. Sometimes I partner with other local investors to close. If I do, I’ll tell you who is on the contract before you sign.
Closing on the estate’s timeline. We close with a title company or closing attorney. With clear title and the right signatures, about seven days after signing is realistic, or we can pick a later date that fits the estate’s timeline and your attorney’s advice.

The full step-by-step is on how we buy houses.

What to gather before you call anyone

These make the conversation with an attorney, an agent, or me go faster:

The death certificate and the will, if there is one
Any paperwork from the clerk’s office, such as the executor’s or administrator’s qualification
The deed, or at least the property address and owner names on the tax records
Recent mortgage statements, the real estate tax bill, and any notices about liens or code issues
Names and contact information for the other heirs or beneficiaries
Your attorney’s contact information, if you already have one

Common questions

Does Virginia have an inheritance tax?

No. Virginia doesn’t have a state inheritance tax. Selling a house from an estate can still raise other tax questions, like the estate’s basis in the house and how the sale gets reported. Those depend on your facts. Ask a CPA or tax attorney.

Do I need a certified appraisal before I can sell?

Not as a universal Virginia rule. Some estates get a date-of-death valuation for tax or accounting reasons, and some court-involved sales may call for one. Whether yours needs one is a question for your attorney, not a step to assume.

Do I have to petition the court to sell?

Some estates do and many don’t. It depends on the will, the executor’s powers, the heirs, and the title company’s requirements. Your attorney is the right person to answer this for your situation.

The executor lives out of state. Can we still sell?

Often, yes. Sellers who can’t come to closing can usually sign in front of a notary where they live. Questions about serving as an executor from out of state are for your attorney.

Talk it through with me

You don’t need to have everything figured out to call. Tell me about the house, where things stand with the estate (just the basics), and your timeline. I’ll give you a straight as-is number you can accept, counter, or turn down, and you can run it by your attorney and the rest of the family first.

Use the cash offer form, look through the FAQ, or call me at (804) 293-0208.