Disclaimer: This article provides general information and does not constitute legal advice.
Detailed Answer
When someone dies without a valid will (“intestate”), Virginia law defines who inherits their assets. The process follows the Virginia intestate succession statutes.
1. Confirm Intestacy
Verify that your father died intestate. Contact the clerk’s office in the circuit court where he resided to confirm no will was filed.
2. Review Virginia’s Intestate Succession Order
Virginia Code §64.2-200 outlines the inheritance hierarchy. You can review it here: Va. Code §64.2-200.
- Spouse
- Children
- Parents
- Siblings
- Nieces and nephews
- Grandparents
- Aunts and uncles
- Commonwealth (if no heirs) Va. Code §64.2-217
3. Gather Family Documentation
Collect birth certificates, marriage certificates, death certificates and adoption records for every potential heir. This evidence establishes relationships recognized under Virginia law.
4. Consult the Circuit Court Clerk
Open an estate administration file in the circuit court. The personal representative will list all known heirs and file an inventory. You can inspect these documents to identify heirs.
5. Handle Complex Family Situations
For half-siblings or step-relations, review Va. Code §64.2-200’s definitions. If records are unclear, consider hiring a genealogist or attorney to trace unknown branches.
6. Prepare for Disputes
If multiple people claim the same relationship, you might file a motion to determine heirship. The court will hold a hearing and issue an order naming the lawful heirs.
Identifying heirs accurately ensures proper distribution of assets and avoids delays in estate administration.
Helpful Hints
- Request certified copies of all vital records early.
- Visit the local circuit court in person to view estate files.
- Use Virginia’s probate and intestacy statutes online for reference.
- Consider a genealogist for complex or missing family information.
- Keep clear records of communications with potential heirs.