Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Virginia’s intestacy laws, when a person dies without a will and leaves no surviving spouse but is survived by three children, the entire estate passes outright to those children. Va. Code § 64.2-200 states that if there is no spouse but there are surviving descendants, the estate is distributed equally among them (Va. Code § 64.2-200).
Here’s how the process typically unfolds:
- Open Probate: An administrator petitions the circuit court to probate the estate under the Virginia Uniform Probate Code.
- Inventory Assets: The administrator lists real property, bank accounts, investments, personal property, and other assets.
- Settle Debts and Expenses: Funeral costs, valid creditor claims, taxes, and administrative fees must be paid before distribution.
- Distribute the Residual Estate: After liabilities are satisfied, the remaining assets (“residue”) are divided into three equal shares—one for each child.
If one child predeceased the decedent but left their own descendants, that child’s share would pass by representation to those descendants under the same statute.
Helpful Hints
- Identify All Children: Include biological and legally adopted children; Virginia law treats them equally.
- Minor Beneficiaries: If any child is under 18, the court may require a guardianship or bond before releasing funds.
- Keep Detailed Records: Maintain receipts, appraisals, and account statements to support the inventory and accounting.
- Meet Deadlines: Virginia courts impose specific timelines for filing inventories and accountings—missing them can lead to penalties.
- Seek Professional Support: Consult a probate attorney or qualified estate professional to navigate filings, hearings, and distribution steps.