Understanding the Process

There are really two separate processes happening at the same time — the legal administration of the estate, and the practical process of dealing with the property itself. Here's how each one works.

Section A: The Legal Process

Who's in Charge

Named in a will to administer the estate: Executor
Appointed by the court when there is no will: Administrator
Named to inherit real estate under a will: Devisee
Both Executor and Administrator are called: The personal representative
Legal authority begins: Only once the personal representative formally qualifies with the Circuit Court Clerk, at which point the Clerk issues a Certificate of Qualification — the actual proof of authority to act.

If There's a Will (Testate)

The executor named in the will has no legal authority until formally qualifying with the Circuit Court Clerk
Real estate passes immediately to whoever is named to inherit it in the will — called a devisee — not to the executor
Whether the executor can sell the property depends entirely on whether the will grants a specific power of sale
If it does, the qualified executor can sign to sell
If it doesn't, the devisee themselves must sign — not the executor

If There's No Will (Intestate)

The court appoints an administrator instead of an executor
Real estate passes immediately and directly to the heirs at law, following Virginia's set order of who inherits
If there is more than one heir, they typically all need to agree and sign to sell
The administrator generally has no automatic authority to sell real estate, even to pay debts, unless they specifically petition the court for that power
In most intestate situations, the heirs are the actual decision-makers for the property — not the administrator

Certificate of Qualification
Once a personal representative qualifies with the Circuit Court Clerk, the Clerk issues a Certificate of Qualification — the formal, physical proof of authority to act on behalf of the estate. Banks, title companies, and buyers will typically require this document before accepting any signatures related to an estate transaction.

Confirming Who Has Authority to Sell
A devisee or heir can often verify a personal representative's actual power of sale by checking whether the real estate is listed on the estate's filed inventory with the Commissioner of Accounts. If the property is inventoried as an estate asset, that's a useful indicator of how the personal representative intends to handle it — though the specific will language (or lack of a will) still controls who ultimately has signing authority.

The Timeline

30 Days Personal representative provides written notice to all heirs and beneficiaries
4 Months Inventory of estate assets filed with the Commissioner of Accounts
16 Months First formal accounting due
Ongoing Subsequent accountings due every 16 months thereafter, continuing until the estate is fully settled

A sale of the real estate can often proceed well before the estate is fully settled. This is one of the most common points of confusion in the process.

Debts and Creditor Claims

A decedent's debts are not extinguished at death. Ordinary statutes of limitation apply to each debt individually — commonly 3 years for open accounts, 5 years for written contracts — and that clock pauses from the date of death until the estate is opened.
Virginia allows a formal Debts and Demands proceeding before the Commissioner of Accounts to establish and resolve claims against the estate, followed by a Show Cause order, which protects both the estate and a future buyer by helping ensure clear title at settlement.
As of July 2026, a newer, faster Notice to Creditors process is also available as an alternative to the traditional hearing.

How a Debts and Demands Hearing Works
The personal representative files a petition with the Commissioner of Accounts to schedule a Debts and Demands hearing. All known creditors are given notice and have the opportunity to present their claims. The Commissioner reviews those claims and issues a report establishing which debts are valid and in what order they must be paid. The Circuit Court then enters a Show Cause order — a court order that gives any remaining creditors a final opportunity to come forward. After that period passes without objection, the estate's debts are considered resolved, and a future buyer receives a cleaner chain of title.

The Notice to Creditors Process (Available Since July 2026)
Virginia now offers a streamlined alternative to the traditional Debts and Demands hearing. Under this process, the personal representative publishes a formal notice to creditors and waits a set period for claims to be filed. This path can resolve creditor issues faster and with less court involvement than the traditional hearing, though it may not be appropriate in every situation. An estate attorney can advise on which approach fits the specific estate.

Section B: The Property Process

What Selling the House Itself Actually Looks Like

Listing on the open market: Typically involves light prep or repairs, professional photos, showings, negotiation, and roughly 30 to 60 days on market before a contract, then another 30 to 45 days to closing.
Selling off-market: Typically no repairs or showings required. An offer can often be made within days, and closing can happen in as little as two weeks.
Both paths: Can move forward independently of the estate's legal timeline above, once the right authority to sell is established.