Who will receive the estate if a will is invalid?

If a will is invalid, the property and assets of the estate is distributed to the heirs according to Virginia law. The state of Virginia has laws governing how the estate is distributed if a person dies without a valid will. The rules are as follows: If the deceased person left behind a surviving spouse, the surviving spouse will inherit the entire estate. If the deceased person left both a surviving spouse and children, the surviving spouse will inherit 1/3 of the estate, and the children will inherit the remaining 2/3. If the deceased person left no spouse but had children, the children will inherit the entire estate. If the deceased person left no surviving spouse or children, the estate will be distributed to their surviving parents, or if the deceased person had no surviving parents, then it will go to their siblings, followed by any other living relatives if there are none. If the deceased had no living relatives, then the estate will go to the state of Virginia.

Related FAQs

Who can challenge a will?
How long does it take to probate a will?
What is a durable power of attorney?
Can a will be changed after the testator has died?
Are there any limitations on what I can give away in a will?
What happens if a will is found to be invalid?
What is required for a will to be witnessed and signed?
Can I disinherit someone in my will?
What is a living trust?
What is the value of an estate?

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