What happens if there is no will?

In the state of Virginia, if a person dies without a will, it is referred to as dying intestate. When this happens, the state’s intestacy laws will determine how the deceased person’s assets are distributed. The state’s intestacy laws are based on certain assumptions about how the deceased person would have wanted his or her assets distributed if they had written a will. These assumptions depend on the relationship of the deceased to the potential heirs. For instance, in Virginia, if the deceased is survived by a spouse and no children, then the entire estate will go to the surviving spouse. If there are children, then the surviving spouse will receive the first $20,000 in assets plus one-third of the remaining estate. The children will receive the other two-thirds of the estate. If the deceased had no spouse, then the estate will go to the children in equal parts. If there are no children, then it will go to the parents of the deceased. If there are no parents, it will go to the siblings or other relatives. If there are no siblings or other relatives, then the estate will go to the state. In Virginia, an executor or administrator is usually appointed to handle the probate process. This person is responsible for collecting the deceased’s assets, paying any debts, and distributing the assets according to the state’s intestacy law. In addition, this person should also file the appropriate documents with the court to prove that the deceased did not have a will.

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