What is the process for determining an intestate estate?

The process for determining an intestate estate in Virginia is complex and begins when a person dies without a valid will. The law in Virginia, which oversees intestate succession, is known as the Virginia Intestate Succession Act. The process typically starts by the executor of the estate (if there is one) collecting all of the decedent’s assets. The executor must then determine who should legally inherit those assets. This is where intestate succession laws come in, as Virginia intestate succession laws explain who legally inherits the estate. In Virginia, the laws of intestate succession provide that the surviving spouse is entitled to the entire estate if there are no children or grandchildren of the deceased, as well as if all of the children or grandchildren are also the children or grandchildren of the surviving spouse. The surviving spouse is also entitled to a portion of the estate if the deceased had children or grandchildren who are not the children or grandchildren of the surviving spouse. The remaining portion of the estate is then divided among the other children or grandchildren of the deceased. In some cases, the estate may be divided among more distant relatives if the deceased did not have any surviving children, grandchildren, or a spouse. In those cases, the court will first look to the decedent’s parents and then to their siblings. If none of those people are alive, then the estate will be divided among the cousins of the deceased. Ultimately, the process for determining an intestate estate in Virginia depends on who is still living at the time of the decedent’s death. The executor of the estate is responsible for determining who should inherit the assets. Once the executor has collected and evaluated the assets, they must use Virginia’s intestate succession laws to determine how the estate should be divided.

Related FAQs

How do property taxes affect an intestate succession?
How is an intestate estate divided if there is no surviving spouse?
What rights does a creditor have when trying to collect an intestate estate?
How do state laws of intestacy apply to stepchildren?
Can a deceased person's debts be discharged in an intestate estate?
Does a surviving spouse have any special rights to an intestate estate?
Does an intestate estate ever go to the government?
Does an intestate succession require probate court approval?
What is the status of taxes in an intestate estate?
What are the time limits for filing a claim for an intestate estate?

What is the process for determining an intestate estate?

Related FAQs

Related Blog Posts