Legal Question in Wills and Trusts in Virginia

If there is a will, and if one or more of the heirs has qualified as executor, and if the will gives the executor(s) the power to sell real estate, the executor(s) may be able to sell the SC property after starting a probate process in SC. If the decedent died in VA, it would be necessary to start an ancillary probate proceeding in SC.

If there is no will, and/or if no one has qualified as executor (if there is a will) or administrator (if there is no will), the heirs will not be permitted to sell real estate simply because they are heirs; also, if there are heirs other than the two in VA and one in SC, the situation becomes even murkier.