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WHO INHERITS THE PROPERTY OF AN INTESTATE? someone other than the surviving spouse in which case, one-third goes to the surviving spouse and the remaining two-thirds is divided among all children.  if no surviving spouse, all passes to the children and their descendants.
Any mentally competent person who is at least eighteen years old may make a will. However, later proof of any fraud, duress, or undue influence by another person on the testator may cause the will to be invalid.
Does a Will Have to Be Probated in Virginia? A will must be filed with the court in the county where the deceased person lived before their death. Even if the estate doesnt go through probate, the will must be presented to the court.
A. No will shall be valid unless it is in writing and signed by the testator, or by some other person in the testators presence and by his direction, in such a manner as to make it manifest that the name is intended as a signature.
Inheritance Laws in Virginia. Virginia, like the majority of U.S. states, doesnt charge a state inheritance or estate tax. The state does enforce a rare probate tax, though, should your estate need to go through that process.
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Next of kin in Virginia re the following people, in the following order: Surviving spouse. Children. Parents.
Since the heirs own the real estate when the decedent dies, all the heirs must join in selling the property, including signing the real estate contract, deed of sale and other documents incidental to a sales transaction.
Editors Note: Joint wills are generally no longer accepted in Virginia. This means that you should rewrite your joint will into two separate wills if you move to Virginia from another state.
If there are no kindred of either parent, the whole estate descends and passes to the kindred of the decedents most recent spouse, if any, provided that the decedent and the spouse were married at the time of the spouses death, as if such spouse had died intestate and entitled to the estate.
A. No will shall be valid unless it is in writing and signed by the testator, or by some other person in the testators presence and by his direction, in such a manner as to make it manifest that the name is intended as a signature.

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