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P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 32824
Experience:  12+ yrs. of experience including estate law.
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If a man dies intestate in Virginia while married does his

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If a man dies intestate in Virginia while married does his wife automatically get his possessions?
Are there children? From the two together or from separate relationships?

Customer: replied 7 years ago.

There is one child - a boy - age 16 currently in jail. One daughter is 19 and another is married and is age 2. They are all from his wife.

Hello, never having utilized this site before I do not understand if I am to stay on with the page open or exactly what I now do. Could you enlighten me?

Thank you.


Just one minute while i research


Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

If none of decedent's children or their descendants are alive, or if all of the decedent's surviving children are also children of the surviving spouse, the surviving spouse is entitled to the entire intestate estate.

If one or more of the decedent's surviving children are not also issue of the surviving spouse, the surviving spouse gets one-third of the intestate estate and the surviving children or their descendants get two-thirds.

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Customer: replied 7 years ago.
Thank you. I thought that was the general situation across the country. I am happy to hear it is that way in Virginia. Does she have to fill and settle this in any way with a court or does she jsut carry on as if she owned the horses all along?
She should contact the court (clerk of the court), and they can give you the forms to probate. While it may not be required, it is a good idea to protect you down the line from creditors if you probate the will.

Customer: replied 7 years ago.
So sorry, I thought I mentioned there was no will. Does your answer still stand even if there was not a will. I do not mind paying additional money for a better understanding of the State of Virginia requirements vis a vis this matter.
seems I was a bit loose in my terms. In many states probate refers to the legal disposition of the estate and can include intestate estates, but it appears in VA the term probate applies only to the proving of a will

Regardless, you would do well to have the court sanction your disposition of the estate

Here is the state pamphlet on the matter

As you can see, if the value is less than $15k, appointment of an executor is not if the value is less than this you are not required. But if there is any debt from the estate, it would be good to go through the state process to administer the will...this protects you from creditors down the line

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