How can an intestate estate be distributed if there is no will?
If an individual dies without having made a will, or intestate, their estate will be distributed in accordance with Virginia’s intestate succession laws. In Virginia, intestate succession laws determine who is entitled to receive a portion of the estate when someone dies without a will. The law dictates how the property is split among surviving family members. If the deceased person had a spouse but no children, the surviving spouse will receive the entire estate. If the deceased had a spouse and children, then the spouse will receive the first $50,000 of the estate, plus half of the remaining balance. The remaining balance is distributed among any surviving children, divided as evenly as possible. If the deceased had no surviving spouse or children, the estate will be distributed to their surviving parents, siblings, or other relatives in the order determined by Virginia intestate succession law. If there are no surviving family members, then the estate will be distributed to the Commonwealth of Virginia. Ultimately, the distribution of an intestate estate depends on the family structure of the deceased, and only those relatives entitled to receive a portion of the estate are legally allowed to claim it. Therefore, it is important for individuals to have their estate plans in order to ensure their wishes are honored after their death.
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