If the decedent dies Testate (with a Will), then by operation of Virginia Law, the real estate passes automatically to the beneficiaries named in a Will. The Will must be probated for this title transfer to occur, and probate fees and taxes will apply.
If the decedent dies Intestate (without a Will), then by operation of Virginia Law, the real estate passes to the heirs at law of the decedent. A Real Estate Affidavit (PDF) must be recorded in the Probate Division for this title transfer to occur, and probate fees will apply.