Virginia Sample Letter regarding Motion to Sell Property of an Estate
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How to fill out Sample Letter Regarding Motion To Sell Property Of An Estate?
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FAQ
Yes, you can sell your inherited house in Virginia. Your property must undergo a probate process before you sell it.
You must sign the deed and get your signature notarized, and then record (file) the deed with the circuit court clerk's office before your death. Otherwise, it won't be valid. You can make a Virginia transfer on death deed with WillMaker.
Yes, siblings (or other co-owners) can force the sale of inherited property via a partition action or lawsuit.
Five days' notice is required to the opposing party and the court. Motions may be typed by either party, may be filed on the General Notice and Motion Form or may be filed on one of the appropriate forms provided by the Supreme Court of Virginia (located here).
A. The executor named in the Will must schedule an appointment with the Probate Division to probate the Will and qualify as executor. The named executor should be a Virginia resident; however, statutes allows out-of-state residents to qualify.
If the will devises real estate to be sold and no person other than the executor is appointed to sell such real estate, the executor has the power to sell and convey such real estate and to receive the proceeds of sale or the rents and profits of any real estate that the executors are authorized by the will to receive.
In Virginia, this process is handled in the circuit court of the county where the descendent lives. The court appoints an executor or administrator of the estate who sells the house in order to divide the inheritance among beneficiaries. The seller can be an individual or a real estate agent.
