[VA] How can heirs evict a longtime occupant from inherited property when no will or lease exists?

VA Estate Probate

Charlie

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You must first establish legal ownership through the estate process. Since there was no will, the property likely passed through Virginia intestate succession laws. One of the heirs should open an estate in the Circuit Court and be appointed administrator. That person will then have authority to manage the property and file eviction if necessary.

The occupant is likely considered an unauthorized occupant or holdover tenant. The proper process is:

Confirm ownership or open the estate.
Serve a written 30-day notice to vacate.
If he refuses to leave, file an Unlawful Detainer (eviction) in General District Court. (VA Code § 8.01-126(B)(i)(ii)(iii))
If the court rules in your favor, the sheriff can remove him.

Do not attempt to remove him yourself.

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My deceased great-grandmother’s home is in Virginia. How do I get a freeloader out of the house so we can move on? My grandmother allowed him to stay for a period of time, but he has taken over and refuses to leave. We are ready to sell.

Lexi, Chatbot

I understand how frustrating it must be to deal with someone who refuses to leave a property that should be ready for sale. Have you or any family members discussed your situation with a lawyer previously?

No.

Lexi, Chatbot

How long has this person been living in the home, and what was the original agreement for their stay?

Oh my… there was no formal agreement, just word of mouth. My grandmother was running both properties—hers and her parents’ home. It was too much. He needed a place to stay. It’s a small country town. My grandmother (also now deceased) said he was welcome there, but it was considered short-term, not that he would cut down all the trees, leave junk on the property, and make it his permanent home.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your eviction issue.

Yes.

Charlie

Hello, my name is Charlie, and I am a licensed attorney. I apologize that you are experiencing these issues, but I will be happy to assist you with your questions today. Please allow me a moment to review your question.

Charlie

How long has the person lived in the home that you want removed?

Grandma passed in 2004. He was in the house then.

Charlie

Does he pay any rent to stay there?

No rent, and he’s telling everyone the house is his now.

Charlie

Did your grandmother leave a will when she passed?

My mother pays taxes on both homes.

Charlie

Understood. Was there a will left?

Both homes—my grandmother’s and my great-grandmother’s homes—are on shared land.

Charlie

Got it. Have you or your mother given this person a notice to vacate yet?

No wills and nothing in writing. It’s been a long time and the properties need a lot of work.

Charlie

Understood. I think I have the information I need, but is there anything else you would like to add before I start my response?

Would you like the address?

Charlie

No, that is not necessary.

Charlie

The occupant is likely considered an unauthorized occupant or holdover tenant. The proper process is:

Confirm ownership or open the estate.
Serve a written 30-day notice to vacate.
If he refuses to leave, file an Unlawful Detainer (eviction) in General District Court. (VA Code § 8.01-126(B)(i)(ii)(iii))
If the court rules in your favor, the sheriff can remove him.

Do not attempt to remove him yourself.

Does the attorney have to be in the state of the home? Virginia?

Charlie

Yes, they would need to be a Virginia attorney.

How would I initiate eviction? Just tell the story like I did here?

Does my name have to be on the property to kick him out? What rights does he have?

Charlie

He has the right to receive notice and go through the eviction process since he has lived there.

Charlie

His rights are that he must receive a notice to vacate and then be formally evicted if he does not leave.

Ok thank you for the rights. How much notice is he allowed?

Charlie

30 days.

What paperwork would we need and where do we get paperwork for the house?

Charlie

The information above explains the steps: establish ownership through the estate, serve notice, and file eviction if needed.

Thank you, Charlie.

Charlie

You are welcome.

Charlie

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