How do I determine who is entitled to a share of my estate?

In Virginia, the rules for deciding who is entitled to a share of your estate are outlined in the probate laws. Generally, the law states that your estate should be divided according to your will, or in the absence of a will, according to the law of intestacy. First, your spouse or domestic partner (if you have one) is usually the first person to receive a portion of your estate. After that, your children and other descendants may be entitled to a share, depending on the specifics of your will and state law. Your parents, siblings, and other close family members are usually next in line, followed by more distant relatives. The probate court may also consider the relationships you had with people not related by blood or marriage, especially if they were financially or emotionally dependent on you. People who are owed money by your estate (such as creditors) may also receive a portion of your assets. If you don’t have any surviving relatives, then the probate laws allow for your estate to go to the state. In Virginia, the state will use those funds to benefit the general public. It’s important to remember that the probate court has the final say in who receives a share of your estate. Generally, the court will look first to your will and then to state law to determine who is entitled to a share. Knowing and understanding the probate laws of Virginia is the best way to determine who is entitled to a share of your estate.

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