Dying without a will is called dying “intestate.” Intestacy laws in Virginia Beach determine who gets your property after you die.
If your loved one died intestate and you are wondering how their property will be divided and how to manage probate, contact a wills attorney at Parks Zeigler. We can explain the law and help you through the process of settling your loved one’s estate.
What Happens to Property When Someone Dies
When a person dies, any property they owned solely in their name is in limbo. The legal owner is dead, and no one else can legally access or manage it until certain legal steps have been completed.
Someone close to the deceased person, like a spouse or an adult child, should make an appointment with the Clerk or Deputy Clerk at the Circuit Court where the deceased person lived. Bring the death certificate and the will if there is one. It is also wise to have a list of the deceased person’s property and its estimated value.
In most cases, the Clerk will open a probate proceeding. When there is no will, Virginia Beach intestacy laws guide the Clerk to appoint someone to administer the deceased person’s estate. An administrator will collect the deceased’s property, pay their debts, and distribute what is left according to the law. An attorney can assist an estate administrator and help them meet their responsibilities.
The Rights of the Surviving Spouse Depend on Multiple Factors
When someone dies intestate in Virginia Beach, the Code of Virginia § 64.2-200 determines who inherits their property. When the deceased person is married, the amount that goes to the spouse depends on whether the deceased person had children and whether the surviving spouse is the parent of the surviving children.
In many cases, the surviving spouse will inherit all the deceased person’s property. The surviving spouse inherits everything when the deceased person had no children or all their children are also the children of the surviving spouse.
When one or more of the deceased person’s children are not the children of the surviving spouse, the spouse gets one-third of the deceased person’s property, and the children get the remaining two-thirds, split equally between them.
Closeness of Kinship Determines Inheritance From an Unmarried Decedent
When a decedent was unmarried when they died but they had children, the children split the decedent’s property equally. If there are no surviving children but there are surviving grandchildren, the grandchildren inherit equally.
Children who were legally adopted have the same inheritance rights as biological children. Children born outside of marriage have inheritance rights from their fathers if the father acknowledged paternity while alive or if the child establishes his paternity within one year of his death.
When the decedent does not leave a spouse or children or descendants of children, the decedent’s parents inherit. When there are no parents, siblings split the estate equally. When someone dies and does not leave a surviving spouse, child, descendant of a child, parents, or siblings, their property is distributed to other kin. Intestacy rules can get complicated, so it is best to work with a Virginia Beach attorney to identify the decedent’s kin and ensure they receive their inheritance.
Consult a Virginia Beach Attorney About Intestate Inheritance
The law is clear about who is entitled to receive property when someone dies without a will. However, what is clear on paper can get murky when dealing with real people.
Distributing property according to intestacy laws in Virginia Beach can be a challenging job. Contact the attorneys at Parks Zeigler for help.
