How to learn who the rightful heirs are and who owns property after a grandparent dies (Virginia)

Short answer: Start by confirming whether your grandparent left a will and by checking probate and land records at the local Circuit Court. If there is a will, the named personal representative (executor) generally handles distribution. If there is no will, Virginia’s intestate succession rules determine the heirs. You can locate heirs by family records, public notices required in probate, deed and tax records, and—if needed—by hiring a probate attorney or an heir-search professional.

Detailed answer

1. Confirm the death and get a certified death certificate

Obtain a certified death certificate early. Courts, banks, title companies, and agencies will request it. In Virginia, vital records are handled by the Virginia Department of Health, Office of Vital Records: https://www.vdh.virginia.gov/vital-records/.

2. Look for a will and start at the Circuit Court in the county where the decedent lived

Search the decedent’s papers, ask relatives, contact the decedent’s attorney, and check safety deposit boxes. If you find a will, the named personal representative should file it with the Circuit Court for probate. If you do not find a will, you (or someone else) can open an estate case so the court can identify heirs and appoint an administrator.

Virginia’s circuit courts handle probate and estate administration. Information about probate in Virginia is on the Virginia Courts site: https://www.vacourts.gov/courts/circuit/probate/index.html. The statutory intestacy rules are in the Code of Virginia, Title 64.2, Chapter 2 (Intestate Succession): https://law.lis.virginia.gov/vacode/title64.2/chapter2/.

3. If there is no will: how heirs are identified

When someone dies intestate (without a valid will) the court and state law determine who inherits. Virginia’s intestacy provisions set the order of priority: typically spouse and descendants (children and grandchildren) have first priority; if none, then parents, then siblings, and then more distant relatives. See Title 64.2, Chapter 2 for the full order of succession: https://law.lis.virginia.gov/vacode/title64.2/chapter2/.

4. How the probate process helps identify heirs and transfer property

Opening a probate or administration case creates a public record. The court appoints a personal representative or administrator who inventories assets, notifies creditors, and locates heirs. The court’s proceedings and the filed inventory will show the estate’s real property and personal assets and how title must be transferred. For smaller estates Virginia provides simplified procedures—see Title 64.2, Chapter 6 (Small Estates): https://law.lis.virginia.gov/vacode/title64.2/chapter6/.

5. How to find who owns the property now

Search deed records at the Circuit Court Clerk’s office in the county where the property sits. Deeds, liens, and recorded transactions are public records and show current legal ownership or recent transfers.
Check the county tax assessor’s or treasurer’s records for the recorded owner and parcel information. Many counties offer online property searches.
If the property was owned as joint tenants with right of survivorship or as tenancy by the entirety (between spouses), title may pass automatically to the surviving joint owner and avoid probate. Look at the deed wording to confirm.
If an estate was probated, look for a deed filed by the personal representative or administrator transferring property from the estate to the heir or purchaser—this proves who owns the property now.
Hire a title company or an attorney to run a complete title search if you need a definitive, marketable title history.

6. Common problems and how to handle them

Unknown or missing heirs: the court requires notice to known and potential heirs. If heirs can’t be located, the court may allow published notice (newspaper) and special procedures. Consider hiring an heir-search firm or a probate attorney.
Disputes over the will or ownership: disputes may need litigation. Consult a probate litigator if relatives contest who the heirs are or whether the will is valid.
No probate opened but property still titled in decedent’s name: banks or title companies often require a probate or small estate affidavit to clear title. See the small estate procedures in Virginia law: https://law.lis.virginia.gov/vacode/title64.2/chapter6/.

7. Practical step-by-step checklist

Get a certified death certificate from the Virginia Department of Health: https://www.vdh.virginia.gov/vital-records/.
Search the decedent’s papers and ask relatives for a will or estate planning documents.
Contact the Circuit Court Clerk’s office in the county where the decedent lived to search for probate filings and recorded deeds. General info about Virginia circuit courts: https://www.vacourts.gov/courts/circuit/index.html.
Search county land records and tax assessor databases for property ownership information.
If needed, open probate (with or without a will) so the court can appoint a representative and identify heirs.
If ownership is unclear, hire a probate attorney or title company to run a full title and heir search and to advise on the proper transfer steps.

Helpful Hints

Be organized: collect marriage certificates, birth certificates, prior deeds, and any correspondence with banks or brokers.
Ask the Circuit Court Clerk which records are online and which require an in-person visit. Many Virginia counties have searchable online deed indexes.
Look for deeds that show how the property is owned (sole owner, joint tenants, tenancy by the entirety). Wording matters for survivorship rights.
Search obituaries and social media to identify potential heirs and relatives quickly.
If time or money is tight, ask whether a small-estate affidavit procedure applies; it can allow transfer of certain assets without full probate (see Title 64.2, Chapter 6: https://law.lis.virginia.gov/vacode/title64.2/chapter6/).
If multiple properties or complex assets exist (retirement accounts, jointly held assets, trusts), consult an attorney to avoid mistakes that can cost time and money later.

When to consult an attorney: hire a Virginia probate or real property lawyer if heirs are disputed, a will’s validity is questioned, property titles are complex, creditors may claim the estate, or you need help running a title search or opening an estate. A lawyer can also assist with the notices and filings required by the Circuit Court.

Where to find official resources

Virginia Code, Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 2 (Intestate Succession): https://law.lis.virginia.gov/vacode/title64.2/chapter2/.
Virginia Code, Title 64.2, Chapter 5 and Chapter 6 (estate administration and small-estate procedures): https://law.lis.virginia.gov/vacode/title64.2/.
Virginia Courts – probate information and Circuit Court links: https://www.vacourts.gov/courts/circuit/probate/index.html.
Virginia Department of Health – Vital Records (death certificates): https://www.vdh.virginia.gov/vital-records/.

Disclaimer: I am not a lawyer. This article explains general Virginia procedures and statutes to help you understand next steps. It is not legal advice. For advice specific to your situation, consult a licensed Virginia attorney.