Selling a Parent's Home Through an Estate or Trust: The First 30 Days

Short answer: In the first 30 days, find out whether the home is in a trust or passes through the estate, keep it insured and secure, and gather the will, death certificate and a list of heirs. In Fairfax County, an executor qualifies at the Circuit Court Probate Division, and the estate inventory is due within four months of qualifying.

When a parent dies and leaves a home, the family is often asked to make practical decisions in the middle of grief. Very little about the home has to happen quickly. A few things do, and knowing which is which takes a lot of pressure off.

"I tell families the same thing every time: almost nothing about the home has to be decided this month. Take care of each other and the paperwork first. The home will still be there."

— Clare Grana

First, find out how the home is held 

The path depends on whether the home is in a trust or passes through the estate.

• In a trust: the successor trustee named in the trust usually manages and sells the home under the trust's terms. Court involvement is often limited.
• Through the estate: someone has to be formally appointed before the home can be sold. In Fairfax County, that happens at the Probate Division of the Circuit Court Clerk's Office in Fairfax.

If you are not sure which applies, the estate attorney or the trust documents will tell you. That is the first call worth making.

If the estate goes through probate

To qualify as executor or administrator in Fairfax County, the court asks you to bring:

• the original will and any codicils, if there is a will
• a certified death certificate
• an estimate of the value of personal assets and of any Virginia real estate
• a list of heirs, with names, addresses and relationship

The clerk sets the amount of the fiduciary's bond. Once you qualify, the clock starts on a few deadlines. The inventory of the estate is due no later than four months after qualification, and the first accounting no later than sixteen months after. An estate attorney can handle these filings with you.

Protect the home in the meantime

While the paperwork moves, the home still needs care:

• Keep the homeowner's insurance in force, and tell the insurer the home is vacant. Many policies change when a home sits empty.
• Keep utilities on, especially heat in winter.
• Forward the mail, and secure valuables and important papers.
• Stop by regularly, or ask a neighbor to.

What can wait

Clearing out the home, choosing what family keeps and deciding whether to repair anything can usually wait until the legal side is clear. It is often easier to make those choices once you know the timeline and the likely net.

When to bring in an agent

Earlier than most families expect, simply for information. A local agent can tell you what the home is likely worth as it sits, what is worth preparing and what is not, and how long a sale usually takes. That helps the executor or trustee plan, and it often helps siblings agree.

Common questions

Can we sell the home before probate is finished? Often yes, once an executor or administrator has qualified and has authority to sell. Your estate attorney will confirm what the will and the court allow.

Do we have to clear out the home before listing? No. Many estate homes sell partly furnished or as-is. Clearing out can wait until you know the timeline.

Who signs the sale documents? The qualified executor or administrator for an estate, or the successor trustee for a trust, not every heir individually.

"Families often ask me whether they have to empty the home before it can sell. They do not. We can sell a home as it sits, and the sorting can happen on your family’s schedule."

— Clare Grana

Our estate and trust checklist puts every step above in order. It is free on our Buyer and Seller Resources page, with no form to fill out.

If you would like to talk through your family's situation, text Clare at 571.243.6851 or pick a time. There is no pressure to decide anything.

Related: What Downsizing From a Reston Home Costs, and What You Actually Net and Fix It or Sell As-Is? How to Decide in Fairfax County.

Sources

• Fairfax County Circuit Court, Administration of Estates brochure
• Fairfax Commissioner of Accounts, qualification

The Grana Group at Samson Properties. Clare Grana, licensed in Virginia, License #0225133634. Equal Housing Opportunity. General information only, not legal advice. Deadlines and requirements can change; confirm with the court or your attorney.