Hilliard, OH asked in Real Estate Law for Virginia

Q: if an estate was not probated in 1955 and the executor is also deceased and you have 18 descendants who are living then

how can you transfer the land property into the surviving descendants who want the land? This property's property taxes were paid by executor until he died then his wife until she died then his daughter paid them.

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2 Lawyer Answers

A: Normally a decedent's property is not transferred to his heirs until a court probate proceeding has been completed. You say the " estate was not probated in 1955". I assume it was never probated.

One way to avoid filing multiple probate cases would be for the executor's grand-daughter (who is presumably still alive and still paying taxes), and the other heirs, to bring an action to quiet title. She should see an attorney to see if this would be feasible or otherwise how to proceed.

A: I'm thinking that the grand-daughter may have perfected title by adverse possession (and thus be able to avoid the multiple probate problem. Once she does that, she could then convey to the 18 descendants. But it will probably be complicated in any event. Possible creditors of each successive estate could perhaps have claims to be dealt with. And one could only guess at how many people could have claimed to have rights to inherit. It's likely to get very complicated.

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