Selling an Inherited Property in Chesapeake

Selling an Inherited Property in Chesapeake

Selling an inherited property Chesapeake or anywhere else in Virginia?

Before you list your property, you need to know that selling inherited property may be more challenging than it sounds.

In this blog post, we will discuss tips to help you determine if you should keep or sell your inherited property in Chesapeake. It will also offer some insight into the best ways to sell.

What is an Inherited property?

An inherited property is a property that is passed down to an individual or individuals through inheritance. When a property owner passes away, their assets, including real estate, are typically transferred to their heirs or beneficiaries according to their will or the laws of intestate succession. 

Inherited houses in Chesapeake, VA, often have specific implications and considerations. The process of inheriting a property can vary depending on the location and applicable inheritance laws. Specifically, inheritance laws in Virginia dictate how the property will be distributed.

It’s important to consider the specific implications and considerations of inherited properties in your local area. These may include potential tax obligations, such as inheritance or capital gains tax if the property is sold later. 

Selling an Inherited Property Chesapeake

Owning a house can be expensive. The bills, the taxes, the maintenance, and the unexpected repairs can come as a shock. As any investor will tell you, the longer you own it, the more it costs you.  

Tips For Selling Inherited Property In Chesapeake

Here are the best features of your home and setting the right price are key Chesapeake property selling tips.

Find the title

Step one in selling an inherited property Chesapeake is finding the title in the local courthouse deed records books. Simply saying, “I own the property, and I have the title because I inherited it,” is not good enough for a mortgage company or other lender.

Title insurance companies also want that same kind of proof. A title insurance company offers insurance to support the claim that the property deed transfer is legal and everything is in order.

Determine Your Ownership Status

The next step is determining your ownership status of the inherited property. This will depend on the state laws where the property is located. Generally, if the deceased person was married, their spouse will inherit the property.

If unmarried, the property would be divided among their children, parents, or siblings, depending on the state laws. To get inherited property transferred in your name, you must have substantial proof to claim your rights and inheritance. You can hire a legal advisor to do the work for you.

Transfer Ownership

Once you’ve determined your ownership status, you can transfer ownership. This will involve filing paperwork with the county where the property is located. You must provide proof of ownership, such as a death certificate and any legal documents related to the inheritance.

The easiest way to sell an inherited property in Chesapeake is to get the property into your name. Once done, you can do whatever you like with it.

By following the steps given, you can get the ownership of the property:

  • Copy of the Probated Will
  • Confirm the Nature of Property Ownership.
  • Get a Certified Copy of the Death Certificate. 
  • Draft a New Deed that Names You as the Property Owner. 
  • Sign the Deed.
  • Have the New Deed Notarized.
  • Finalize the deed
  • Make the deed official.

A Will

A will is crucial to selling an inherited property Chesapeake or elsewhere in Virginia. A probated will means it has gone through the vital records department, probate court, or the equivalent.

The will was found legal and valid. Without a will, things get more complicated and tangled than a pomeranian that has never been brushed. If someone dies without a will, the court system has to step in and decide who gets what from the estate.

If that person had Chesapeake VA real estate, you could only sell it once unless you got permission from the relevant court.

Settle the Estate

To settle an estate without a will, the court has to contact all immediate family members and notify them of the death and the property the person owned. In general, this is any surviving spouse, children, and descendants of those children.

In the case of a large family, this is time-consuming. Once all potential inheritors are served and their claims processed, the court can permit you to sell the property.

Sometimes, potential inheritors cannot be contacted. If that happens, the court must handle their share of the estate.

Pay Any Outstanding Debts

If the deceased person has any outstanding debts, such as a mortgage or property taxes, you must pay them off. This will ensure you have clear property ownership and avoid any legal issues.

If the value of the deceased’s assets exceeds the debts he or she left behind, the estate is said to be solvent. On the other hand, if its debts exceed its assets’ value, the estate will be declared insolvent.

In other words, in the case of an insolvent estate, you would be unable to pay off your deceased loved one’s debts, even if you added up all his or her assets.

Contact Legal Advisor

Getting legal help when dealing with inherited real estate is always a good idea. A probate attorney in Chesapeake can help you navigate the legal process, especially if other heirs are involved.

They can help you understand your rights and responsibilities as an heir and help you avoid any legal issues down the road.

Sell your property

You can sell the inherited property by yourself or a real estate agent.

Real Estate Agent

Consider hiring a local real estate agent with experience selling inherited properties in Chesapeake, VA. They can provide valuable insights and help with marketing.

Sell As-Is

Depending on the property’s condition, you may sell as is. This option may be ideal if you need cash, don’t want to manage the property, or in a condition that’s not easily marketable.

How to sell a house to a family member

If you are planning to sell the house to a family member, you should be aware that the following taxes might be due:

Inheritance Tax

An inheritance tax is a tax imposed by Virginia on the recipients of inherited assets. In contrast to an estate tax, an inheritance tax is paid by the recipient of a bequest rather than the deceased’s estate.

If you sell a property to a family member for less than Chesapeake real estate market value, the difference between the price you have agreed to and the market value is considered a ‘gift.’ If you, as the seller, die within 7 years of the sale, this gift will be regarded as part of the inheritance, and IHT will be due.

The deceased’s Estate sales Chesapeake generally pays inheritance tax unless the threshold has been reached within seven years before the death, in which case the gift receiver has to pay for the tax.

Capital Gains Tax

If the property you plan to sell to a family member under market value is not your primary residence, you will still have to pay CGT. Usually, you must pay tax on the difference between the amount you bought the house and what you sold it for.

However, what’s important to note here is that if you sell the property for less than what it’s worth, the CGT will be calculated using the market value at the time of the sale.

Higher Stamp Duty Land Tax

Stamp Duty Land Tax (SDLT) is a tax typically paid by buyers when purchasing a property or land. The amount of SDLT payable depends on the property’s value and the government’s applicable rates. 

When calculating the SDLT, the tax is based on the property’s market value rather than the actual sales price. This means that even if a property is sold to a family member below its market value, the SDLT will still be calculated based on its market value, not the reduced sales price. Selling a property below market value does not reduce the amount of SDLT payable by the buyer.

The SDLT is determined by the property’s market value at the time of the transaction, regardless of any discounts or reduced prices offered to family members. This is to prevent potential abuse of the system where properties are deliberately undervalued to avoid or reduce tax liability.

The Best Way Of Selling An Inherited House in Chesapeake

A Straightforward Sale

Interested in selling an inherited property Chesapeake for cash? Great, let’s look at this as a straightforward sale. You have the legal right to sell the property and have any needed agreements in hand. Here are the steps to follow:

Settle claims

Settle any claims on the property. This could be a mortgage, taxes, or some other lien. A title search at the courthouse will show these items. In the case of a mortgage, you may need to continue making payments until the house is sold.

Once the house is sold, the mortgage is paid off first. When it comes to inherited property, several potential claims can arise. Here are some typical claims related to inherited property:

  • Inheritance Claim
  • Disputed Ownership
  • Executor Misconduct
  • Undue Influence
  • Property Dispute

Determine the worth

You might be wondering how to price an inherited home. An appraisal company will give you a starting point. Real estate agents can also tell you the value.

If you understand how property taxes are figured, you can use the tax information to get a reasonable value estimate. After you have determined the price of your house, you can list it. 

Market the house

Start advertising the property for sale or contract with a real estate professional. In the digital age, compelling visuals are paramount. Invest in professional photography to showcase your home’s features.

Moreover, incorporating virtual tours gave potential buyers a comprehensive online viewing experience, enabling them to navigate your property from their own space virtually.

This approach not only effectively highlighted the allure of your house but also sparked interest and demand, contributing to you making a nice profit selling your house.


As offers start coming in, evaluating each one carefully is essential. Be prepared for negotiation, as buyers may present counteroffers or requests for concessions. Skillful negotiation can help you achieve a favorable outcome.

Stay open to communication with the buyer and their agent, and be willing to make reasonable compromises when necessary. If you have an agent, this person handles the negotiations for you. When you settle on a price, attend the closing costs and sign the paperwork.

If you cannot be at the closing, have the paperwork sent to you overnight express and return it the same way.

Why choose HR Property Doctor To Sell Your Inherited Property

Inheriting real estate can be complicated, especially if there isn’t a will in place. But by following these steps and getting professional help when needed, you can handle the situation smoothly and avoid any legal issues down the road.

Communicate with other heirs, pay outstanding debts, and get legal help. With some patience and planning, you can make the most of your inheritance by either holding on to it or choosing a fast cash sale to HR Property Doctor.

Throughout the years and resources acquired, HR Property Doctor, LLC has the cure for any seller interested in selling an inherited property Chesapeake at a healthy price.

Paul Johnson

Paul is a reputable local house-buying professional, also a real estate agent (Virginia). Count on his nearly fifteen (15) years of expertise in being part of resolving any issues that may threaten transactions, being accessible, and answering questions, as well as remaining transparent throughout closing transactions. One of Paul's Favorite Quotes: "To Give Anything Less Than Your Best Is To Sacrifice the Gift."

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