Legal Question in Wills and Trusts in Virginia
Transfer of Real Estate Title in Virginia by Will
If a person dies with a will in Virginia and has two properties and each has been designated to a different heir in the will (and the heirs are not on the decedent's property deeds as joint tenants with survivorship), is there any legal way to convey title except by a deed of some sort. For example, can the death certificate and will be taken to the Circuit Court and/or Commissioner of Revenue office and have the property transferred without the recording of a deed? Doesn't the real property remain in the estate until a deed is recorded to cause the actual transfer?
1 Answer from Attorneys
Re: Transfer of Real Estate Title in Virginia by Will
The will that you've described must be probated and the real property devises executed as part of the appropriate distribution of assets required in the probate process, meaning that the executor of the will at some stage in the process would likely complete an executor's deed
for each of the willed properties and have each such deed properly recorded in the Land Records section of the circuit court where the property is located in order to properly effect the transfer of titles to the beneficiaries named in the will.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
