Who inherits the property of an estate (person dying without a will)?
The distribution of property for an estate 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:

  • 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.

  • If no surviving spouse, all to the children and their descendents.

  • If none, all to the decedent's father and mother or the survivor.

  • 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.

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1. What terms are involved in the administration of estates?
2. When should a will be probated, or, if there is no will, when should a personal representative be appointed?
3. Who inherits the property of an estate (person dying without a will)?
4. How long does it take to probate a will or appoint a personal representative on an intestate's estate?
5. What taxes and fees are associated with probate?
6. Is it always necessary to have someone qualify as a personal representative on a decedent's estate?
7. Who will qualify as an executor under a will?
8. Who has jurisdiction to qualify administrators on a decedent's estate in Virginia?
9. Where should I go to qualify as a personal representative on someone's estate?
10. How do I submit a record and copy request and is there a fee?