Detailed Answer
What Is Intestate Administration?
When someone dies without a valid will in Virginia, they are deemed to have died intestate. The Circuit Court then appoints a personal representative, called an administrator, to manage the estate. This person collects assets, pays debts, and distributes property according to Virginia’s intestacy laws. (See Va. Code § 64.2-540.)
Step 1: File a Petition with the Circuit Court
An interested heir files a petition in the Circuit Court of the county or city where the decedent resided. The petition must include a certified death certificate and a list of known heirs and their contact information. After filing, the clerk issues a citation to all heirs and creditors.
Step 2: Determine Priority of Appointment
Virginia law establishes a clear hierarchy for appointment. Under Va. Code § 64.2-540, priority is as follows:
- Surviving spouse.
- Children and descendants of deceased children.
- Parents of the decedent.
- Siblings and descendants of predeceased siblings.
- Other next of kin.
If multiple parties share the same priority level, the court usually appoints the person who petitions first, unless another co-heir objects for cause.
Step 3: Meet Eligibility Requirements
The court will confirm that the proposed administrator is:
- At least 18 years old.
- Of sound mind.
- Not convicted of certain felonies or offenses involving dishonesty. (See Va. Code § 64.2-527.)
Once qualified, the administrator may need to post a bond to protect estate assets, per Va. Code § 64.2-541.
Step 4: Appointment and Letters of Administration
After reviewing the petition and any objections, the judge issues an order appointing the administrator and grants Letters of Administration. These letters serve as the administrator’s official authority to act on behalf of the estate.
Administrator Responsibilities
- Inventory and appraise estate assets.
- Notify creditors and publish required notices.
- Pay valid debts, expenses, and taxes.
- Distribute remaining assets to heirs per intestacy rules.
- File final accountings with the court.
Helpful Hints
- Review Va. Code § 64.2-540 for the exact order of priority before filing.
- Gather all heir information and contact details in advance.
- Consider consulting a probate attorney if heirs dispute priority.
- Keep detailed records of all estate transactions and communications.
- Ask the clerk about filing fees and bond requirements early.
Disclaimer: This article provides general information about Virginia intestate administration and is not legal advice. Consult a qualified attorney to address your specific situation.