Q: I am executor of my deceased mom and dad's will. Can I put their home up for sale before probating the will?

A: NO.

If the home is actually part of the estate, then a person would need to actually qualify at the Clerk's office as the executor to have the authority to act on behalf of the estate. (If the real estate passes under the will, then at the time of death the real property passes to the beneficiaries.)

That said, many realtors may not understand that the named executor in a will is not empowered to enter a listing agreement without qualifying, and the named executor could improperly "put the home up for sale." Doing so may subject an individual to an action for fraud - misrepresenting themselves as having such authority.

Virginia Code relevant is as follows:

§ 64.2-511. Powers of executor before qualification

A person named in a will as executor shall not exercise the powers of executor until he qualifies as such by taking an oath and giving bond in the court or before the clerk where the will or an authenticated copy thereof is admitted to record, except that he may provide for the burial of the testator, pay reasonable funeral expenses, and preserve the estate from waste.

Prior to the enactment of this statute, it appears that in equity, there were occasions where such a sale prior to qualification might have been deemed valid --- but those cases were before this statute dating back to the 1800's.

Best thing an executor can do is to engage an attorney to assist, to call the clerk's office and make an appointment to be qualified, and then to undertake the duties of executor.

Disclaimer: This information contained in this answer is not intended and does not constitute legal advice and is not intended to be a substitute for legal counsel on any subject matter. You should engage a lawyer for legal advice.