Who owns the house after a parent dies?

The deed decides. How the house was titled tells you who owns it the moment a parent dies, and whether probate is involved at all. Examine the deed before you make any plans for the house.

This post covers Virginia law, for a house located in Virginia. The deed is recorded in the land records at the circuit court clerk's office where the house is located. Your title company or real estate agent can pull a copy. Look at how the owners are named, and any words after their names.

Owned with a spouse, with survivorship

If the deed says "tenants by the entirety" or "joint tenants with the right of survivorship," the surviving owner owns the entire house. It passes outside the will and outside probate. In my experience, it is best if the survivor records a death certificate in the land records to clear title.

In Virginia, survivorship has to be stated in the deed. Two owners listed as plain "joint tenants" don't get this benefit.

Owned with others, without survivorship

If your parent owned the house as a tenant in common, or as a joint tenant without survivorship, their share passes under their will, or to their heirs if there's no will. The other owners keep their shares.

Owned by a trust

If the deed names a trustee, the house belongs to the trust, and the will doesn't determine it. The successor trustee handles the house under the trust's terms, without probate.

A transfer on death deed

Since July 1, 2013, Virginia owners can record a deed naming who gets the house at their death. If one was recorded before your parent died and wasn't revoked, the named beneficiary owns the house, outside probate.

In your parent's name alone

In Virginia, title "drops like a rock." The moment your parent dies, the house belongs to the people named in the will, or to the heirs under Virginia law if there's no will. It doesn't wait for probate, and it doesn't become the executor's property.

That's why the will matters so much for the sale. It names who owns the house, and it decides whether the executor can sell it. Who can sign to sell the house after a parent dies? covers that. If there's no will, Who owns the house if there's no will? explains who the heirs are.

What to gather

1. The deed, plus any transfer on death deed recorded later.
2. The will, and any trust documents.
3. Certified copies of the death certificate.

Take them to the estate attorney before anyone signs a listing agreement.

Sources: Code of Virginia §§ 55.1-134 to 55.1-136 (joint ownership) and § 64.2-621 et seq. (transfer on death deeds); Virginia State Bar, What Happens to My Real Property When I Die? This is general information about Virginia law, not legal advice. Confirm how title passes in your family's situation with an estate attorney.

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

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