Stephenson, VA asked in Probate for Virginia

Q: VIRGINIA. Son dies intestate. No administrator declared. Mom heir of succession. She dies in July with Will. Now what

My fiancé died intestate on June 8. No Administrator of his estate was filed and his mother was heir of succession. She died In late July before filing the affidavit of heirship on the house. Does the house now enter her estate and probate as she died with a will? Is the rest of his debt/assets also now debts and assets of her estate.

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3 Lawyer Answers

Richard Sternberg

Answered
  • Probate Lawyer
  • Potomac, MD
  • Licensed in Virginia

A: In Virginia, real estate passes automatically subject to the filing of an estate or a Will. If there are debts or other assets, Unless you are named in the mother’s will or are owed some debt, you seem to have very little interest in this matter.

Ross Cameron Hart agrees with this answer

Ross Cameron Hart

Answered
  • Probate Lawyer
  • Salem, VA
  • Licensed in Virginia

A: I am sorry for your loss. I presume the unfortunate timing is that your fiance died first, followed by his mother. Assuming that fiance's father had also died (and was still married to fiance's mother at that time) then - absent a will by fiance - the mother would inherit all of her son's assets. At her death either her will or intestate law would control. As noted by Mr. Sternberg, the law will not recognize you as having any rights to the estates.

Karen L. Rowell

Answered
  • Probate Lawyer
  • Harrisonburg, VA
  • Licensed in Virginia

A: Your fiance's estate would be administered as usual, except instead of his mother being his intestate heir it is now her estate since she survived him. His debts are his debts, they don't transfer to her estate. Once the debts of his estate have been paid and final distribution is made then the assets go into her estate which would be probated pursuant to her Will.

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