What happens when someone dies without a will?

When someone dies without a will, this is referred to as dying “intestate.” In this situation, the state of Virginia establishes a set of rules to determine who will receive the deceased’s estate. This is done through a process called probate, which is managed by the state’s probate court. If the deceased person was married and did not have any children, the surviving spouse generally receives all of the deceased’s property in Virginia. If the deceased person was single and did not have any children, property will be distributed to the deceased person’s parents, siblings, or other close relatives. If the deceased person was married and had children, the surviving spouse will receive half of the deceased’s estate. The other half will be divided among the deceased’s children. If the deceased person was single and had children, all of the estate will be divided among the deceased’s children. If the deceased person did not have any close relatives, their estate will become part of the state’s “infoirs” or unclaimed property. This means that the state will take possession of the estate and make sure that it is dispersed in a proper manner. Ultimately, the rules in Virginia for when someone dies without a will are set by the state probate court. It is important to make sure that you have an up-to-date will that is legally valid in case you become incapacitated or unexpectedly pass away. This will ensure that your wishes are properly followed when it comes to the distribution of your estate.

Related FAQs

Who is entitled to the contents of a safe deposit box?
What are probate fees?
Is probate required if the decedent owned joint property?
Can an executor be sued?
How do I contest a will?
Are there any special rules for estate taxes?
Can an executor make decisions without court approval?
What is a probate bond?
What is a small estate affidavit?
What are the duties of a successor trustee?

What happens when someone dies without a will?

Related FAQs

Related Blog Posts