What if You Fail To Make A Will?

If you fail to make a Will, or if your will cannot be found following your death, the state code dictates how your estate will be distributed.

Each state has its own rules governing distribution of the estate of an intestate person, that is, one who dies without a will. The rules in each state vary, but they all apply to property owned solely in the name of the decedent. Property owned jointly with others or passing to designated persons by policy or contract with an insurance company, bank or investment firm will pass according to the terms of those arrangements.

In Virginia, the estate of an intestate person, who died during in his or her first marriage, will pass to the surviving spouse, and if none, then equally to the children with the share of a deceased child passing to his or her descendents.

If a married intestate person is in a second or later marriage, the surviving spouse will receive one-third of the probate estate and the children of the prior marriages will divide the remaining two-thirds equally.

The estate of a single person will pass to his or her children and if none, to parents, if living, and if not, to siblings and their descendents.

Your spouse, an adult child, other heir or even creditors may qualify as Administrator of your intestate estate with many of the same duties as an Executor. However, unless all of the heirs agree to sign a deed, the Administrator cannot sell real estate without authority from the circuit court.

If your heirs are reluctant to take on these duties, they may nominate an attorney or other professional advisor to serve as administrator.