What happens to an estate if there is no will?

When a person dies without a will, it is called “intestate” in Virginia. In this situation, the intestacy laws will determine what happens to the estate. The laws dictate who will get what assets, and in what proportions. The first beneficiaries are the closest relatives, starting with the spouse. If there is no spouse, the assets will go to the children. If there are no children or no living spouse, then the estate will go to other family members, such as parents, siblings, or grandparents. If none of these relatives are alive, then it is possible that the estate goes to the state. If the deceased person was married, their spouse will likely receive the entire estate, unless there are any children from the marriage. In that case, the spouse will get half of the estate and the children will get the other half. It is important to note that if there is no will, then the court has to make decisions on the disposition of the estate, which may not be what the deceased person would have wanted. This is why it is important to have an estate plan and a will, so that your wishes are respected even after you are gone. Without a will, you have no control over what will happen to your assets.

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