Monthly Archives: September 2024

In Virginia, real property given by will generally passes immediately upon the probating of the will after the death of the owner. A probated will has the same effect as a deed in passing title to the beneficiaries. However, if the will gives any interest in the land to the executor (for example, if the will gives the property to the executor to sell), then the property will pass to the estate “in trust” for distribution. Real property may also be devised with certain restrictions on use. Questions may arise when the language in the will is ambiguous. For example, a will may give …