Legal Question in Real Estate Law in Virginia

Re: deed by will

If the will is recorded (and assuming the deceased had good title), you have good title. Title can be conveyed by deed, by death intestate (recorded by filing a declaration of heirs), by will, by court order, and I'm sure by other means I can't think of right now. A deed is just one way title passes. Your buyer should ask the lawyer doing the closing on the transaction (or his own lawyer if it's a non-lawyer settlement company doing the closing, since it can't give legal advice) to confirm that title is good, and should buy an owner's title insurance policy just to be sure (buyer cannot and should not rely on the lender's title policy, which does not insure him).