Legal Question in Wills and Trusts in Virginia

Re: House left in Will

Yes, if your mother died in Florida and the property is in Virginia, you will need to effect what's called an ancillary probate of the property in Virginia, most likely by engaging the services of a Virginia attorney to handle it.

However, if your mother passed away in the Commonwealth, then a regular probate of her estate, including the house would be required before you as the executor of her will could sell it.

Re: House left in Will

Wills are probated where the decedent was domiciled at death. If your mother lived in Virginia, then you would need to consult with a Virginia-licensed attorney to determine whether a probate must be opened or not, and whether you -- as an out-of-state resident -- could serve as executor of the estate. The Virginia attorney could also advise you as to whether a probate must be opened in order to permit the sale of the property.

If your mother was domiciled in Florida along with you, and the property was in Virginia, then a probate would likely be opened in Florida in the county where she was domiciled at the time of her death, and then an ancillary probate administration would be opened in Virginia where the property is located.

Re: House left in Will

You failed to indicate where your mother resided at the time of her death. Probate would be filed in that county.