Selling inherited land in Virginia

Virginia's small estate rules

In Virginia, the small estate process generally does not transfer land, so heirs of vacant land usually need probate or another court step first.

The threshold: Small asset affidavit when the personal probate estate is no more than $75,000. A small asset is any asset other than real property.

The small estate affidavit excludes real property. Heirs and devisees of land need regular qualification or another estate procedure.

Law: Va. Code 64.2-600, 64.2-601. Confirm current figures with the probate court.

Steps to sell inherited land in Virginia

• Find the will, if there is one, and the deed or tax bill showing the parcel.
• Ask the probate court or an attorney which path applies: full probate, a small estate process, or another filing.
• Get written proof of who can sign, such as letters from the court. The title company will ask for it.
• If several heirs inherited the land, agree on the sale and the split in writing. See selling land owned by several heirs.
• Ask for a cash offer and compare it with a listing. Taxes and loans are paid from the sale at closing.

Taxes when you sell

Inherited land usually gets a stepped-up basis: its value on the date of death. If you sell close to that value, the taxable gain may be small. Our capital gains guide explains it. Ask a CPA about your numbers.

Virginia land at a glance

• Average farm real estate value: $6,300 per acre (2026, USDA).
• Average property tax on farmland: about $17.40 per acre per year (2022 Census of Agriculture).
• Transfer tax: State recordation tax of 25 cents per $100 (0.25%) plus a grantor tax of 50 cents per $500 (0.10%), about 0.35% at state level. A local recordation tax equal to one-third of the state recordation tax may add about 0.083%. In the nine Northern Virginia Transportation Authority localities, two regional fees add 0.10% each, and Hampton Roads Transportation District localities add 0.06%.
• Seller disclosure: Virginia's Residential Property Disclosure Act applies to residential real property of one to four dwelling units, so vacant land is outside it. A lot in a property owners' association still needs the association's resale certificate (Va. Code 55.1-2308). The buyer can cancel within a set period after receiving it, or any time before settlement if it never arrives (Va. Code 55.1-2312).

These are statewide averages, not an appraisal. See selling land in Virginia for county values, or try the land value estimator.

How a cash sale handles this

Liberty Acres is a family-owned cash land buyer. We buy land anywhere in the US, in any condition, including land with back taxes, inherited land and land with no road access. We pay back taxes and all closing costs, use no agents and charge no commissions, and close through a title company, escrow company or real estate attorney who pays you by wire or check.

Common questions