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LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 7629
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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My Dad passed away In Feb. in the will he left me two

Customer Question

My Dad passed away In Feb . in the will he left me two properties , I am going to keep them as they are rental property , How do I go about transferring these into my name .
Submitted: 1 year ago.
Category: Estate Law
Expert:  LegalGems replied 1 year ago.

My sympathies for your loss. What state is this in please?

Customer: replied 1 year ago.
Va
Expert:  LegalGems replied 1 year ago.

For people that die with a will, any property addressed in the will requires probate. Probate is a legal proceeding whereby a personal representative (pr)/executive is appointed (typically this person is named in the will). The PR has the responsibility of collecting assets and distributing them according to the terms of the will. For real property, this requires the PR executing a transfer deed, transferring the property from the decedent to the named heir. It is then filed with the local recorder's office, so that it becomes part of the chain of title, establishing new ownership. This pamphlet explains the probate process in detail: http://www.courts.state.va.us/courts/circuit/resources/probate_in_virginia.pdf

Expert:  LegalGems replied 1 year ago.

One moment please

Expert:  LegalGems replied 1 year ago.

More information here: http://www.valegalaid.org/files/E095B726-FCD8-81C1-17DC-A16C7ED73FFF/attachments/4912AA38-6146-4498-B0CA-A513D03C7185/decendent-estates.pdf

Expert:  LegalGems replied 1 year ago.

The PR may only sell real estate if the will explicitly states this, with the proceeds going to the heir. Otherwise, the PR executes a deed to transfer the actual real estate to the heir.

Customer: replied 1 year ago.
I am the PR , my Dad left everything to me , will is in probate process , can I start the transfer of ownership or does the estate have to be out of probate
Expert:  LegalGems replied 1 year ago.

The PR typically does not distribute any property until all estate debts are paid and an inventory is filed with the court: http://www.courts.state.va.us/forms/circuit/cc1670inst.pdf. After debts are paid, property can be distributed; a final accounting showing distributions needs to be filed with the court.

Expert:  LegalGems replied 1 year ago.

So distribution occurs during probate, not after.

Customer: replied 1 year ago.
thanks
Expert:  LegalGems replied 1 year ago.

You are most welcome. Thank you and take care.

Expert:  LegalGems replied 1 year ago.

H

ere is a link to locate an attorney:
http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm

Should you have further questions please post here to continue our dialogue. Otherwise,

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