Key Takeaways:
- Personal representatives of a deceased person’s estate must identify themselves to have a chance of getting authority over the estate, as it does not happen automatically.
- Virginia has a specific hierarchy of inheritance when someone dies without a will in place.
- Debts that the deceased person had may be inherited by those who inherited their assets, which can be problematic if their debts outweigh their property value.
- It is always best to get help from a lawyer before declaring yourself administrator of a deceased person’s estate at the clerk’s office.
After a person passes away, what remains of their estate goes into the probate process. The details of this process depend on whether or not the deceased person has a will in place. If they do not, the Virginia state succession laws will go into effect and determine who exactly will inherit the estate.
The central problem of not having a will is that one’s personal wishes often do not coincide with the Virginia standard line of succession. Still, there is nothing that can be done once someone dies without a will, so you will need to know how to effectively navigate the probate process in Virginia. Take a closer look at the most important factors to keep in mind.
How Are Personal Representatives Identified After Someone Dies Intestate?
By the state, personal representatives are not identified at all after someone dies. If they die without a will, that’s it. Someone will have to take action themselves and go to the courthouse to qualify as an administrator of the estate. While there is a pecking order of who takes priority in the line of succession, nothing will happen unless someone actively does something to start the succession process.
For example, imagine that someone who dies without a will owned a house that had a mortgage larger than its current market value. The person who stands to inherit the house will not automatically become responsible for it. They would have to take action to get the house, and since the value of the house is in the red, they probably won’t. Sometimes, people will find that an ancestor of theirs owned a piece of land and died without a will. As generations passed, ownership of that land was split between several descendants. While the land itself may be worth quite a bit, the single portion that an individual may own can be so minuscule that it’s worth less than the cost of hiring a lawyer to get money out of the deal in the first place.
Where Does a Personal Administrator Go to Claim Ownership of Somebody’s Estate?
To claim ownership of someone’s estate, you will need to go to the courthouse in the city or county where the decedent died. If you are looking to claim ownership of a piece of land in a different jurisdiction, however, you will need to go to the courthouse in the land’s county or city.
Petition for Aid and Direction
When it isn’t clear to the administrator what can actually be done with an asset of the inherited estate, they can file a petition for aid and direction. This is a petition that asks the judge to determine how the estate is supposed to be distributed and who gets what, whether it is land or owned items.
Understanding Virginia Intestate Succession Under Code § 64.2-200 (Land Property)
Virginia has a special succession of heirs in accordance with the law. This succession list is a hierarchy of people who will inherit the property of a deceased person, with those lower in the hierarchy only having an inheritance if the people higher on the hierarchy do not exist or reject the inheritance. Note that this list references the inheritor hierarchy based on relationships with the decedent.
- Spouse
- Children
- Parents
- Siblings and nieces/nephews
- Grandparents
- Uncles, aunts, and cousins
- Great-grandparents
- Siblings of great-grandparents
- Next nearest lineal ancestor and their descendants
- Commonwealth of Virginia
Understanding Virginia Intestate Succession Under Code § 64.2-201 (Personal Property)
The line of succession for personal property is the same as it is for land property. Some items cannot easily be split up between inheritors, however, so the item may instead be sold and the money split if an agreement cannot be reached between inheritors. Some common examples of property like this would be a car or certain pieces of furniture. You cannot split a car between two children of the deceased.
Collecting Virginia Estate Law Documents for a No Will Probate
You will need several documents to complete the probate process when the deceased has no will. These documents are as follows:
- Virginia death certificate
- Any documents pertaining to estate taxes
- A list of all heirs in accordance with the aforementioned Virginia intestate line of succession
- Inventory of assets and debts
Submitting Paperwork to the Virginia Beach Circuit Court
To submit the necessary documents to the Virginia Beach Circuit Court, you will need to make an appointment with the clerk’s office, which is open from 8:30 am to 4 pm. There are multiple ways to contact the office to make an appointment, so choose which works best for your needs.
Qualifying as a Personal Representative and Executor Under Virginia Inheritance Law (No Will)
To qualify as a personal representative and executor under Virginia inheritance law without a will in place, you will need to take a copy of the death certificate to the circuit court and swear an oath on the record. This generally does not take very long, so qualifying should be a quick experience, provided you have the necessary documentation and are actually eligible in the intestate succession pecking order.
How Are Assets Divided After Dying Without a Will in Virginia?
Much like the laws of succession, the division of assets also has a pecking order. The following is a list of costs that must be covered before dividing the assets up between any potential inheritors.
- Funeral costs
- Debts
- Taxes
- Inheritance
Closing the Estate as a Personal Representative in Virginia: A Checklist
To close an estate, you will need to make sure you complete all the relevant information and documentation within the allotted time frame. It is more than you might think, so it’s best to get an idea of what’s required now before the deadlines begin to rapidly approach. This checklist should make the process a bit easier.
Why Clients Choose Virginia Beach Law Group
At Virginia Beach Law Group, we focus on a communicative attorney-client relationship designed to help you get the most out of estate planning and help protect your future and family. Of course, our professionals can help in cases in which there is no will, too. Take a look at what some of our previous clients had to say about our services.
Testimonials
“I’ve worked with David Johnson on a personal case and have sent clients his way for years. He does amazing work and is a true professional. He is my go-to for all things related to estate planning.” — Najib K.
“Mr. Johnson is an amazing lawyer. He has a great personality, professional ethics, honesty, and integrity. He is extremely upfront and helpful with his advice, which steers his clients toward the high road. He showed that he had our best interest in mind, especially once we were in the courtroom. Mr. Johnson not only went above and beyond but also took the extra time to get the situation resolved. If anyone is looking for an amazing attorney who cares about your best interest, choose him! We couldn’t thank him enough for what he’s done!” — Taylor R.
“This team is amazing! We were delayed in closing due to a last-minute discrepancy. Within 24 hours of being cleared up, Kimberley and Melissa had us set up and ready to close! They were both outstanding and a real pleasure to work with! We cannot thank them enough for their quick execution and for helping us through the process!” — Bryan M.
Check out more of our testimonials here.
Frequently Asked Questions About How Personal Representatives Are Identified With No Will
Is It Always Required to Administer the Estate of a Person Who Dies Intestate?
An estate of a person who dies without a will almost always eventually comes to light. Whether it’s due to the bank foreclosing on the house or a string of missed property tax payments, the source of the property will be traced by the Treasurer of the State and considered lost property. Every summer, the treasurer publishes a list of lost property so the loved ones of the decedent can try to claim it.
How is the Estate’s Property Distributed if Someone Passes Away Without Leaving a Will?
When someone passes away without leaving a will, their estate is distributed in accordance with the Virginia line of succession, starting with the spouse, and then children.
What Occurs if the Debts of an Estate Exceed Its Assets?
If the debts of an estate exceed its assets, then the creditors may pursue the inheritors of the estate. In these cases, inheritors often reject the inheritance, so they aren’t saddled with the debt. What value there is of the estate must be paid to debtors in a particular order:
- Funeral costs
- Debts
- Taxes
- Inheritance
What Occurs When the Value of an Estate is Below $50,000?
For estates valued at less than $50,000, the administrator only needs to make one visit to the clerk’s office to receive a certificate that gives them authority over the estate. Any estate valued less than $50,000 is not subject to public supervision of your handling of the money.
Do I Need a Lawyer to Be Identified as a Personal Representative in an Intestate Case?
No, you do not need a lawyer to be identified as a personal representative in an intestate case. Laypeople do that (qualify as administrator of an intestate decedent’s estate) all the time. That said, the only person more expensive than a professional is an amateur.
Take a Deep Breath. Virginia Beach Law Group is on Your Side
We have handled dozens of estate administration cases where the loved one passed away without leaving a will. Many times, it would have been better for our client to have NOT sped down to the courthouse to qualify… especially when a decedent leaves more unpaid bills than resources with which to pay the bills… and qualifying as administrator makes you the lightning rod for all the creditors which is a completely thankless job.
The better option is to talk with an estate administration attorney first, THEN decide if you need to qualify as an administrator. Get in touch with our team today to get started.
