Who inherits the property of an intestate (person dying without a will?
If a person dies without a will, Virginia law provides a course of descendants as follows (after payment of funeral expenses, debts and cost of administration). All to the surviving spouse, unless there are children (or their descendants) of someone other than the surviving spouse in which case, one-third goes to the surviving spouse and the remaining two-thirds is divided among all children. If no surviving spouse, all passes to the children and their descendants. If none, then all goes to the deceased’s father and mother or the survivor. If none, then all passes to the deceased’s brothers and sisters and their descendants. There are further contingent beneficiaries set out in the Virginia statutes. (Virginia Code Annotated 64.1-1) Who in the Circuit Court handles the probate of wills? Usually, the Clerk of the Circuit Court or a deputy clerk handles the probate of wills and the Circuit Court judge is not involved. (Virginia Code Annotated 64.1-77) However, any person interested in th
The distribution of property for an intestate is governed by the laws of the Commonwealth of Virginia in effect at the time of death. After payment of funeral expenses, debts and cost of administration, the law provides for the following course of descents: 1. All to the surviving spouse, unless there are children (or their descendents) of someone other than the surviving spouse, in which case one third goes to the surviving spouse and the remaining two thirds is divided among all children. 2. If no surviving spouse, all to the children and their descendents. 3. If none, all to the decedent’s father and mother or the survivor. 4. If none, all to the decedent’s brothers and sisters and their descendents. There are other contingent beneficiaries set out in the Code of Virginia. How long does it take to probate a will or appoint a personal representative on an intestate’s estate? The time is usually less than one (1) hour. The time varies depending on the number of potential personal repr
