Legal Question in Real Estate Law in Virginia

Re: Probate of Real Estate

Well, you certainly can claim some of it. Whether you get all of it would require an investigation of facts that probably nobody knows yet, without checking into the details (which is part of what the process SHOULD do).

If I understand what you are saying, it sounds like the land stayed in your grandfather's name from the 1970's until today. That is, it sounds like you are saying that NO ONE administered your grandfather's estate when he died back around 1970.

While your grandmother, his wife, would have had some rights to the land, whether she should have had exclusive ownership during her life is not immediately obvious. However, that is water under the bridge now if she is gone. (Although the correct analysis might be calculated as of 1970.)

It sounds like you are the only person living in Virginia related to your grandfather?

If so, I think you would need to go to the Commissioner of the Accounts and the Clerk of the Court (probate division) for the County where your grandfather lived at his death and qualify as "personal representative" (what Virginia calls an executor).

You will probably need to qualify as executor for BOTH your grandfather AND your grandmother to clear this up (although before qualifying for your grandmother's executor you should check whether she has any other assets that need to be administered).

Then as executor you (or whomever is executor) would need to trace out your grandfather's family tree, starting with who was alive at his death in 1970. If children have died, their children would inherit their share.

It does not matter if heirs are no longer in the country or youcan't find them. But you would go through a process of trying to find them as executor.