Probate in Virginia | VA Legal Resources | FastCounsel

How to Transfer Real Property After a Spouse Dies — Virginia Guide

How to transfer real property after a spouse dies (Virginia) Quick answer: The exact steps depend on how the property is titled (sole ownership, joint tenancy/tenancy by the entirety, trust, or will). Typical steps include: obtain certified death certificate(s); confirm title ownership by reviewing the recorded deed; if the decedent owned the property alone, open […]

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Virginia: Do I Need a Transfer-on-Death Deed or Payable-on-Death Designation If My Will Leaves Everything to My Daughter?

What happens to assets if your will leaves everything to your daughter — do you still need a TOD deed or POD? Short answer: Yes — possibly. A will controls only assets that pass through probate. Transfer-on-death (TOD) deeds and payable-on-death (POD) beneficiary designations transfer specific assets outside probate. If you want your daughter to […]

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Virginia: Can a Co-Heir Be Required to Reimburse an Appraisal Before an Estate Buyout?

Detailed Answer Short answer: Maybe — but only if you have a contract, an enforceable agreement, a probate-authorized expense allocation, or a court order that requires the co-heir to pay. Otherwise you generally cannot unilaterally force reimbursement; you must negotiate, secure agreement, or ask a court to decide who pays. Why: In Virginia, co-heirs (or […]

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How to Transfer a Parent's House After an Intestate Death in Virginia

What to do when a parent dies intestate in Virginia: How to transfer the house into you and your siblings' names Detailed answer — step‑by‑step under Virginia law Short answer: If your parent died without a will (intestate) and the house was owned solely in their name, you generally need to open an estate in […]

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How to Take Over a Deceased Parent's Mortgage in Virginia

Detailed Answer Disclaimer: This is general informational content, not legal advice. For advice specific to your situation, consult a licensed Virginia attorney. Overview When a homeowner dies, the mortgage remains attached to the property. Taking over the mortgage requires addressing both title (who owns the house after death) and the lender’s requirements (whether the loan […]

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Protecting an Inheritance in Virginia When a Family Member Contests an Estate

Disclaimer: This article is for general information only and is not legal advice. If you face a real dispute over an estate in Virginia, consult a licensed Virginia attorney promptly. Detailed Answer Understanding the legal landscape in Virginia When someone dies in Virginia, assets that pass under a will generally go through the circuit court […]

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How to Be Appointed Administrator of Your Sister’s Intestate Estate in Virginia

How to Be Appointed Administrator of Your Sister’s Intestate Estate in Virginia Short answer: If your sister died without a will (intestate) and you want to be appointed as the estates administrator (personal representative) in Virginia, you must file a petition in the circuit court of the county or city where she lived, establish your […]

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Notifying Heirs When Opening Probate in Virginia

Notifying Heirs When Opening Probate in Virginia Disclaimer: This is general information only and not legal advice. For help tailored to your situation, consult a Virginia probate attorney. Detailed Answer When you open an estate in Virginia, proper notice to interested people protects the estate, the personal representative (executor/administrator), and the court. Virginia’s probate and […]

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Selling a Virginia Home with a Reverse Mortgage When the Lender Requests Renunciation Letters

How to proceed when a reverse mortgage servicer asks for renunciation letters (Virginia) Short answer: When a homeowner with a reverse mortgage dies, the loan becomes due. To sell the house you must coordinate with the reverse mortgage servicer, provide a death certificate and proof of your authority to act, and either repay the loan […]

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What to Do When a Relative Refuses to Renounce in Virginia Probate

When a Higher‑Priority Relative Won’t Renounce: How to Move Forward in Virginia Probate This guide explains what renunciation means, how Virginia probate courts treat refusals by a would‑be personal representative, and practical next steps you can take if a relative refuses to sign a renunciation you need to qualify as personal representative. This is general […]

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