What is intestate succession?

Intestate succession is a legal process that happens when someone passes away without leaving a will. When an individual dies without a will, their property is distributed according to the laws of the state. In Virginia, the intestate succession law is set by the state legislature. Under Virginia’s intestate succession laws, the deceased’s property will be distributed to their closest relatives first. Generally, the estate will go to the deceased’s surviving spouse, if they have one, and then their children. If the deceased does not have a surviving spouse or children, the property will go to their parents. If neither the deceased nor their spouse had any children, the property will be divided among the deceased’s siblings and their descendants. If the deceased had no living relatives, the property will go to the state. It is important to note that intestate succession may not necessarily be the most equitable solution. Intestate succession is based on a set of laws specific to each state, meaning it does not account for any special wishes the deceased may have had or any unique relationships between family members. For this reason, it is always advisable to create a will to ensure that your property is distributed according to your wishes.

Related FAQs

What are the time limits for filing a will for probate?
Should I consider a will or trust to avoid probate?
What is intestate succession?
What rights do heirs have to a will?
What is a pour-over will?
What are the taxes on an estate?
What is a pour-over trust?
What if I want to challenge the validity of a will?
How do I determine who is entitled to a share of my estate?
How can I protect my assets during probate?

Related Blog Posts

Understanding Wills and Probate Law: The Basics - July 31, 2023
The Benefits of Establishing a Will: An Overview - August 7, 2023
Creating a Trust to Maximize Estate Planning Benefits - August 14, 2023
How Executors Handle Probate: A Step-by-Step Guide - August 21, 2023
The Difference between Wills and Living Trusts - August 28, 2023