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Intestate Probate

Tuesday, March 18, 2014

Who Inherits when there is no WIll in Virginia?

1. To the surviving spouse of the decedent, unless the decedent is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case, two-thirds of the estate descends and passes to the decedent's children and their descendants, and one-third of the estate descends and passes to the surviving spouse.

2. If there is no surviving spouse, then


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Wednesday, February 12, 2014

How real and personal property is distributed under Intestacy laws?

As it relates to probate & estate administration, generally real property is governed by the laws of the state where the respective parcel has situs and personal property is governed by the laws of the decedent’s domicile. . . . . .

"If you fail to prepare a will, your personal property maybe distributed according to the laws of your domicile whereas your real property maybe distributed according to the laws of the state where the real property is located." 


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Tuesday, February 11, 2014

Distinguishing Intestate Probate Assets from Non-Probate Assets

Under Virginia Law, if a decedent dies without a duly executed Last Will & Testament, then that person's probate assets will be distributed according to statutory law. We say that said person died intestate (without a valid Will).  Additionally we refer to the process as intestacy and the decedent's probate estate as the decedent's intestacy estate. 


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