What happens if a person dies intestate in Virginia?

A person dies testate if he left a will. One dies intestate if that person does not have a valid will at the time of death. If a person dies intestate, then the laws of the Commonwealth of Virginia, in effect at the time of death, determine who the heirs are and hence who receives the decedent’s property. IV.

When do you become an heir in Virginia?

To be an heir under Virginia intestate succession, you must have outlived the decedent by at least 120 hours. This law becomes especially important when an accident or other fatal event occurs involving two relatives.

How does the inheritance process work in Virginia?

The Probate Process in Virginia Inheritance Law When a decedent has not created a will, his or her estate must go through the Virginia probate process under its intestate succession laws. This ensures that the property within the estate goes where it’s supposed to.

Who are next of kin in probate in Virginia?

Next of kin (used synonymous with heirs) will inherit from decedent’s intestate estate under Virginia law, if there are probate assets, and depending on the survivors of the decedent. Spouse and descendants (all descendants are descendants of the spouse and decedent)

What does Virginia law say about list of heirs?

List of heirs Table of Contents » Title 64.2. Wills, Trusts, and Fiduciaries » Subtitle II. Wills and Decedents’ Estates » Chapter 5. Personal Representatives and Administration of Estates » Article 2. List of Heirs and Affidavit of Real Estate » § 64.2-509. List of heirs

What happens to the estate of a deceased person in Virginia?

If the deceased individual has living children, but no spouse, the estate will be divided amongst the children. In very rare cases where the succession process doesn’t turn up any family members, the estate will go to the Commonwealth of Virginia.

What happens if you die without a will in Virginia?

If you die without a will in Virginia, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, and whether your spouse is also your children’s parent. (See the table above.)

When does an inheritance have to go through probate in Virginia?

The Probate Process in Virginia Inheritance Law. When a decedent has not created a will, his or her estate must go through the Virginia probate process under its intestate succession laws. This ensures that the property within the estate goes where it’s supposed to.