---
title: Do we have to go through probate to sell the house?
description: Selling an inherited Northern Virginia home? When probate is needed, how qualifying at the circuit court clerk works, the probate tax, and the deadlines that follow.
---

[Northern Virginia Real Estate Insights](https://www.davidzadareky.com/insights)

# [Do we have to go through probate to sell the house?](https://www.davidzadareky.com/insights/do-we-have-to-go-through-probate-to-sell-the-house)

 Written by [David Zadareky](https://www.davidzadareky.com/insights/author/david-zadareky) | Nov 12, 2026, 6:13:08 PM

**Not always. A house held with survivorship, in a trust, or under a transfer on death deed skips probate. If the house was in your parent's name alone and there's a will, the will has to be probated for title to pass under it.**

This post covers probate in Virginia. If there's no will, the house passes to the heirs without probate, but someone still records a list of heirs or a real estate affidavit, and an administrator is often appointed to handle the rest of the estate. [Who owns the house after a parent dies?](https://www.davidzadareky.com/insights/who-owns-the-house-after-a-parent-dies) covers which situation you're in.

## How probate works in Virginia

Virginia has no separate probate court. The clerk of the circuit court handles probate, and a judge is involved only if there's a dispute.

1. **Probate the will.** The executor makes an appointment with the probate office of the circuit court where your parent lived and brings the original will and a death certificate.
2. **Qualify.** The executor qualifies and receives a certificate of qualification, which is what a bank or title company asks for. Without a will, an administrator qualifies instead.
3. **Pay the probate tax.** On estates over $15,000, the state tax is 10 cents per $100 of value, and localities may add a local tax equal to one-third of the state tax. It's paid before the executor can qualify.
4. **Give notice.** The executor notifies the heirs and beneficiaries and files an affidavit of notice.
5. **File the inventory.** Within four months of qualifying, the executor files an inventory of the estate with the Commissioner of Accounts.
6. **Account for the estate.** The first accounting is due within 16 months of qualifying, and the Commissioner of Accounts reviews it.

## Can we sell before probate is finished?

Usually, yes. The estate doesn't have to be closed. What has to be in place is the authority to sign: a qualified executor with a power of sale, or every owner on board. [Who can sign to sell the house after a parent dies?](https://www.davidzadareky.com/insights/who-can-sign-to-sell-the-house-after-a-parent-dies) covers that, including the extra steps for a sale within a year of death.

## How long it takes

In my experience, an executor can usually qualify within a few weeks of the death, depending on the clerk's schedule, and the house can be listed long before the estate closes. Settling the full estate takes longer, often more than a year given the 16-month accounting deadline.

*Sources: Virginia Department of Taxation, [Probate Tax](https://www.tax.virginia.gov/node/94); Fairfax County Circuit Court, [Administration of Estates](https://www.fairfaxcounty.gov/circuit/sites/circuit/files/assets/documents/pdf/administration-of-estates-brochure.pdf). This is general information about Virginia probate, not legal advice. Confirm the steps and deadlines with the clerk's office or an estate attorney.*

For more on selling a home after a death, see how I approach [estate sales](https://www.davidzadareky.com/estate-sales).

[**Start a conversation**](https://www.davidzadareky.com/contact)

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