Legal Question in Wills and Trusts in Virginia

Re: How long before property can be sold

You should probably not attempt to sell the house until your deceased uncle's estate has closed and all of his legitimate debts and other costs/expenses chargeable to the estate have been paid.

Re: How long before property can be sold

I also meant to add that if you got an offer to purchase the house before the closure of the estate that was simply too good to turn down, you could certainly sell the property but the proceeds of the sale should be held in escrow.until the aforementioned closure and final accounting.

(Note: your question is somewhat confusing since

you don't indicate whether you're the executor or administrator of your uncle's estate and how far along the probate process had progressed.)

Re: How long before property can be sold

You should consult with a Virginia lawyer to discuss the applicability of the law to the facts of your situation. It is not clear from your question how you "received" the house. Were you a joint tenant with a right of survivorship? Were you a remainderman in an estate in which your Uncle had retained a life estate? Was the property in a trust? Did your Uncle have a will or did he die intestate and you were his sole heir under the laws of intestate succession?

Section 64.1-183 sets forth the liability of an heir or devisee for the transfer of real estate within one year of the death of the testator:

"When heir or devisee liable for value of real estate; when purchasers not liable; when premature conveyances to become valid. � Any heir or devisee who shall sell and convey any real estate, which by this chapter is made assets, shall be liable to those entitled to be paid out of the assets, for the value thereof, with interest; in such case, the estate conveyed shall not be liable if the conveyance was bona fide, and at the time of such conveyance no suit shall have been commenced for the administration of the assets nor any reports have been filed as aforesaid of the debts and demands of those entitled. But no alienation of such estate, made by an heir or devisee, within one year after the death of the testator or intestate, shall be valid against creditors of such testator or intestate, although no such suit shall have been commenced or report of debts and demands filed within such year, except as provided in � 64.1-184. Any conveyance heretofore or hereafter made within one year after the death of a decedent shall, after the expiration of said year, be valid to all intents and purposes as if made after the expiration of said year, if at the expiration of said year no such suit shall have been commenced."