Stafford, VA asked in Probate for Virginia

Q: Probate case (dying intestate) only 1 living heir (sibling). Are nieces & nephews of deceased siblings eligible?

Judge requests that I (only living heir) purchase a probate bond costing $8-10K. Judge said bond was needed to protect the other heirs in case I ran off with the shares of stock. However, it appears that Missouri law DOES NOT RECOGNIZE nieces & nephews as valid next of kin unless there are no other living relatives. Therefore the PROBATE BOND would not be necessary..

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1 Lawyer Answer
Dominic Paul Lascara
Dominic Paul Lascara
  • Probate Lawyer
  • Chesapeake, VA
  • Licensed in Virginia

A: If the level of the heirs at law gets to siblings, then nieces and nephews of deceased siblings (and even great nieces and nephews, if applicable), become heirs at law.

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