Who inherits the property of an intestate (person dying without a will)?
- All of the assets go to the surviving spouse, unless there are children (or their descendants) from another marriage in which case, one-third goes to the surviving spouse and the remaining two-thirds is divided among all children.
- If there is no surviving spouse, the assets go to the children and their descendants.
- If there are no children, then the assets go to the deceased’s father and mother or the survivor.
- If there is no father or mother, then the assets go 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)
More Estate and Trust Administration FAQs
- Are holographic wills legal in Virginia?
- How long does it take after qualification to complete the probate process?
- Is an executor or administrator compensated?
- Should a will be kept in a safe deposit box at a bank?
- What are the duties of an executor/administrator?
- What does dying testate or intestate mean?
- What is a self-proving will?
- What is the procedure to probate an estate with a will?
- What should the prospective executor/administrator bring to qualify?
- What taxes and fees are associated with probate?
- When is it necessary to probate an estate?
- Where should I go to qualify as a personal representative for an estate?
- Who inherits the property of an intestate (person dying without a will)?