Selling an Inherited House in Richmond: Probate at the John Marshall Courts Building, Title at Death, and the Heirs' Property Problem

Selling an inherited house in Richmond VA starts at a clerk's counter, not in a probate court. Richmond, Virginia is an independent city, and its Circuit Court Clerk proves wills and qualifies the people who manage estates. Virginia has no separate probate court at all.

This guide covers the Richmond probate steps, what an empty house costs, and why so many family houses never had their titles updated. For the general picture, see our guide to selling an inherited house.

Where Does Richmond Circuit Court Probate Happen?

Richmond Circuit Court probate happens at the Clerk of the Richmond Circuit Court, John Marshall Courts Building, 400 North 9th Street, Richmond, VA 23219. The city's Circuit Court Clerk page says the Code of Virginia gives the Clerk "the authority to probate wills and to qualify executors, administrators, trustees, guardians and conservators."

A will goes to the circuit court of the city or county where the person who died lived (Va. Code § 64.2-443). For a City of Richmond resident, that is the Richmond Circuit Court.

Call first to schedule an appointment

Probate in Richmond works by appointment through the Clerk's probate line, (804) 646-6540. The city asks callers to "have the will with you when you call," and the Clerk's Office can then confirm what to bring and which fees apply.

What to bring

Richmond's page does not publish a checklist. Henrico County's Circuit Court Clerk does, and it gives a fair preview (Henrico County, October 2026):

• The original will and any codicils, not copies
• A certified copy of the death certificate
• A valid photo ID
• The approximate value of personal property and Virginia real estate in the decedent's name alone
• The names, addresses, and ages of the heirs at law
• Payment for the probate fees

Treat that as a preview, not Richmond's rule. Henrico also asks an executor living outside Virginia to bring a Virginia resident to serve as a registered agent or co-qualify.

Qualifying, and the Certificate of Qualification

Qualifying means taking an oath before the Clerk and giving bond. Until then, a named executor cannot use the powers of executor, beyond arranging the burial, paying reasonable funeral expenses, and protecting the estate from waste (Va. Code § 64.2-511).

At the end of qualification, Virginia clerks issue a Certificate of Qualification. Loudoun County's Circuit Court, for example, lists "Certificates of Qualification" first among the papers a new executor receives (Loudoun County, October 2026). Banks and title companies typically ask for a copy.

Richmond Probate in the City or a County: Which Clerk?

Which clerk handles a Richmond probate depends on where the person who died lived, and many "Richmond" mailing addresses sit in Henrico or Chesterfield County. Richmond is an independent city, separate from both counties, so a county address means a different clerk and a different tax rate.

When the house and the residence are on different sides of the line

Probate follows the residence, but the list of heirs also goes to the clerk where any of the estate's real estate "is located" (Va. Code § 64.2-509).

A Henrico resident who owned a Church Hill house would probate in Henrico and file the list of heirs with the Richmond Clerk too.

The List of Heirs, the Inventory, and the Probate Tax

After qualification, Virginia gives the personal representative three early duties: a list of heirs, a notice to the family, and an inventory. Each leaves a record a title examiner can use later.

The list of heirs

Every personal representative must furnish a list of heirs under oath at the time of qualification (§ 64.2-509). If no one qualifies within 30 days after the death, any heir of a person who died without a will may file one.

The clerk records the list in the will book, where it is prima facie evidence of the facts it contains.

Written notice to the family

Within 30 days after qualification or probate, the personal representative mails written notice to the surviving spouse, all heirs at law, and the beneficiaries named in the will (Va. Code § 64.2-508). Heirs get notice whether or not there is a will.

The inventory, due within four months

Within four months after the order conferring authority, the personal representative files an inventory with the commissioner of accounts (Va. Code § 64.2-1300). The commissioner of accounts is the court officer who reviews estate filings. The inventory covers the personal estate, "all real estate over which he has the power of sale," and any other real estate that is an asset of the estate.

The probate tax

Virginia taxes the probate of a will or a grant of administration at 10 cents for every $100 of value, or fraction of $100 (Va. Code § 58.1-1712). The tax "shall not apply to decedents' estates of $15,000 or less in value."

Above $15,000, the tax applies to the full value. Virginia Tax says the rate applies "on estates valued at more than $15,000, including the first $15,000 of assets" (Virginia Tax, October 2026). An illustrative $300,000 estate would owe $300 in state probate tax.

The value includes a house passing by will or without one, even though its title passes at death (Va. Code § 58.1-1713). Virginia Tax notes that localities may add a local probate tax equal to one-third of the state tax, so ask the Clerk for the total.

Who Owns an Inherited Richmond House the Day After the Death?

Under Virginia law, title to an inherited Richmond house passes to the heirs or devisees at the moment of death, subject to the estate's debts. Devisees are the people a will names to receive real estate. Without a will, real estate "descends and passes by intestate succession" in the order Virginia sets (Va. Code § 64.2-200).

The heirs affidavit for a house with no will

When there is no will, anyone with an interest in the house can record an affidavit at the clerk's office (Va. Code § 64.2-510). It describes the real estate, states that the person died without a will, and lists the heirs and their last known addresses.

The clerk records it and sends an abstract to the local tax office, which can then update the land books.

Why the $75,000 affidavit cannot move a house

Virginia's small asset affidavit cannot transfer a house. It applies only when the decedent's "entire personal probate estate" is $75,000 or less, at least 60 days have passed, and no personal representative has been appointed (Va. Code § 64.2-601).

A "small asset" is defined as one "other than real property" (Va. Code § 64.2-600). It can release a bank account, but it does nothing for the deed.

Why a Clean Sale Often Waits for Qualification

A clean sale of an inherited Richmond house often waits for qualification because Virginia gives the decedent's creditors a one-year claim on the real estate. If the personal estate cannot pay the debts, "all real estate of the decedent" becomes an asset for paying them (Va. Code § 64.2-532).

A sale by an heir or devisee within one year after the death is not valid against the decedent's creditors (Va. Code § 64.2-534). The main exception applies when no administration action has started and no report of debts has been filed within that year.

What a title company looks for

Many title companies want to know who has authority, and what the estate owes, before insuring a first-year sale. When the will directs that the house be sold, the executor has the power to sell and convey it (Va. Code § 64.2-521). Without that direction, the heirs typically sign together.

None of this sets a deadline for the family. The right time to sell is when the family is ready.

What a Vacant Inherited Richmond House Costs Each Month

A vacant inherited Richmond house keeps costing money every month in city tax, insurance, utilities, and upkeep, even while the estate is open. The figures below are illustrative estimates for an older city house, not quotes.

The city tax bill

Richmond taxes real estate at "$1.20 per $100 of the property's assessed value" (City of Richmond Department of Finance, October 2026). The first half is due January 14 and the second half June 14. A late payment draws a 10% penalty plus 10% annual interest. Make sure the bill reaches someone, since the house may have no one left to open the mail.

Water and gas charges can become a lien

Unpaid city gas, water, wastewater, and stormwater charges can become a lien on the house (Richmond City Code Sec. 28-111). For a house, that applies when the owner used or signed for the service, and only after an account is at least 90 days overdue.

The vacant building registry and derelict status

Richmond requires owners to register a building that has been vacant for 12 months or more and also meets Virginia's definition of a "derelict building" (Richmond City Code Sec. 5-14). The annual fee is $100. The code sets a $200 civil penalty for failing to register, or $400 in a conservation, redevelopment, or designated blighted area.

The city's Vacant Building Information page lists that second penalty as $250, so the code and the web page disagree. The page also says "it is not a violation for a building to be vacant."

Under Va. Code § 15.2-907.1, a derelict building has been vacant, boarded up, and cut off from electric, water, or sewer service for more than six months. A house with its utilities still lawfully connected does not meet that definition.

Insurance on an empty house

Many standard policies limit coverage once a house sits vacant for a set period. Read the vacancy terms, or call the insurer, soon after the death.

The Heirs' Property Problem Behind Richmond's Tax Sale Relaunch

Heirs' property is a house passed down within a family without a formal transfer of legal title, and in Richmond it sits at the center of the city's tax sale relaunch. About 60% of the parcels now identified as eligible for tax sale fit that description (City of Richmond CAO memo to Council, September 28, 2026).

The same memo counts 7,626 delinquent accounts, about $5.4 million, past the two-year threshold for tax sale. The program, suspended in January 2023, targets a November 2026 relaunch, with the first annual sale anticipated by June 2027.

How a family house ends up there

A parent dies, a sibling stays on, and nobody opens an estate or records an heirs affidavit. The tax bill stays in the late parent's name and can fall behind. Each generation without a recorded title can add heirs who must sign.

The help the city is lining up

The memo says the city's Office of Neighborhood Engagement will contact affected households, including heirs' property owners. Staff also met on September 25 with LISC Virginia, which the memo says offers estate planning education and legal aid referrals for heirs' property matters in Richmond.

The memo states that "displacement of residents is not the goal of the program." If the taxes on a family house have already slipped, our guide to Richmond delinquent real estate taxes and the 2026 tax sale relaunch explains the clock and the ways out.

Why recording the title matters before a sale

A buyer's title company needs a clear line from the person who died to the people signing the deed. A probated will, a recorded list of heirs, or a § 64.2-510 affidavit supplies that line in the clerk's records. Recording also puts the right names on the land books, so the tax bill reaches the people who own the house.

Do Richmond Heirs Owe Estate or Inheritance Tax?

Richmond heirs owe no Virginia estate tax or inheritance tax on a house inherited today. Virginia Tax says the state "no longer has an estate tax" or inheritance tax, with the estate tax effectively repealed as of July 1, 2007 (Virginia Tax, October 2026).

Federal basis, at a high level

For federal income tax, an inherited house's basis is generally its fair market value at death, which can shrink the taxable gain on a sale (IRS Publication 551, December 2025). A tax professional can say how that applies to your family.

Selling an Inherited House in Richmond VA As-Is

Selling an inherited house in Richmond VA usually comes down to two paths: list it after a cleanout and repairs, or sell it as it stands. The right one depends on the house and the heirs.

What the numbers show

Redfin reports a median sale price of $425,718 in Richmond over the three months ending August 2026, down 1.0% from a year earlier (Redfin, August 2026). Separately, Zillow's typical value for the city was $364,726 in August, up about 2.6% (Zillow ZHVI, August 2026). The two measure different things, and neither one prices a specific house.

Many inherited houses are old ones: about 28.4% of the city's housing units were built in 1939 or earlier (U.S. Census Bureau, ACS 2020-2024).

Listing with an agent

A listing can bring the most money for a clean, updated house, with the estate paying for the cleanout, repairs, and commission. If the house sits in one of the city's Old and Historic Districts, our guide to selling a house in a Richmond historic district covers how exterior work is reviewed.

If listing is the better fit, Propcash will say so and can point you to a local agent who fits. We may receive compensation from agents we refer.

A cash offer on the house as it stands

Propcash is a direct cash homebuyer that makes offers as a principal. You can get one transparent, data-backed cash offer and see how we got to the number. No repairs, no showings, no cleanout. Take what you want, leave the rest.

There's no rush to decide. Our offer stands while the family talks it over, and you pick the closing date.

Sellers pay no fees or commissions to Propcash. When the family is ready, you can request a written cash offer on the inherited house, or see how cash offers work for Richmond houses and across Virginia.

Frequently Asked Questions

Where is a will probated in Richmond, Virginia?

A will for a City of Richmond resident is probated at the Clerk of the Richmond Circuit Court, John Marshall Courts Building, 400 North 9th Street. Appointments are made at (804) 646-6540. If the person lived in Henrico or Chesterfield County, that county's clerk handles it instead.

Is probate required to sell an inherited house in Richmond?

Not always, because title to a Virginia house passes to the heirs or devisees at death, and in some estates the heirs simply sign together. A first-year sale is not valid against the estate's creditors unless an exception applies. A title company often wants a qualified executor or recorded heirship papers first.

Can the $75,000 small asset affidavit transfer a Richmond house?

The $75,000 small asset affidavit cannot transfer a Richmond house. Virginia defines a small asset as one "other than real property," so the affidavit reaches personal property only. The house passes by will, by survivorship, or by Virginia's rules of descent.

How much is the Virginia probate tax on a Richmond estate?

Virginia's probate tax is 10 cents for every $100 of value under Va. Code § 58.1-1712. Estates of $15,000 or less owe nothing, but above $15,000 the tax applies to the full value. An illustrative $300,000 estate would owe $300 in state probate tax.

What happens if an inherited Richmond house was never put in the heirs' names?

The heirs still own it under Virginia law, but the land records may not show who they are. About 60% of the parcels now eligible for Richmond's tax sale passed down this way, according to the city's September 28, 2026 memo to Council. Recording a list of heirs or an heirs affidavit is often the first step toward a clean sale.

Does an inherited Richmond house have to be cleaned out before it sells?

An inherited Richmond house does not have to be cleaned out before a direct cash sale. Propcash makes cash offers on houses as they stand, so the family can take what it wants and leave the rest. There's no rush to decide, and the offer stands while the family talks it over.