Who can sign to sell the house after a parent dies?

The owners sign, unless the will gives the executor a power of sale. In Virginia, the house belongs to the heirs or the people named in the will from the moment of death, so without that power, every one of them signs.

Start with who owns the house. Who owns the house after a parent dies? walks through reading the deed.

When the executor can sign

An executor can sell the house only if the will grants a power of sale, or a court grants one. Most well-drafted wills include it. Even then, the house still belongs to the people named in the will. The power of sale is what lets the executor sign for them.

An executor named in a will has no authority until they qualify at the circuit court clerk's office. Being named isn't enough. The title company will ask for the certificate of qualification.

When every owner signs

• The will has no power of sale: everyone the will gives the house to signs.
• There's no will: every heir signs. Who owns the house if there's no will? covers who they are.

If one owner won't sign, the sale doesn't happen without them. What if the heirs don't agree about selling? covers the options.

When the house passed outside the will

• Survivorship: the surviving owner signs.
• A trust: the successor trustee signs. The title company will usually ask for a certificate of trust.
• A transfer on death deed: the named beneficiary signs.

Selling within a year of death

A decedent's real estate can be used to pay their debts. Because of that, a sale by the heirs or beneficiaries within one year of death takes extra steps under Virginia law to protect the estate's creditors, such as paying the net proceeds to a court-appointed special commissioner or posting a bond. The title company will tell you what it requires, so ask before you list.

What to do before you list

1. Read the will for a power of sale, and have the estate attorney confirm it.
2. Have the executor qualify, if there is one.
3. List everyone who has to sign, and confirm they're willing.
4. Send the documents to the title company and ask what else they'll need.

This is general information about Virginia law, not legal advice. Have an estate attorney confirm who can sign before you list.

For more on selling a home after a death, see how I approach estate sales.

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