If my grandmother recently passed but we can’t find a Will, what do we do?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my grandmother recently passed but we can’t find a Will, what do we do?
The estate is valued at 200 max. My mother is still with us and I have a sister, so it’s just the 3 of us.
Asked on December 15, 2014 under Estate Planning, Virginia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Sorry to hear about your grandmother.
Since there isn't any Will, the rules of intestate succession determine inheritance.
Intestate means dying without a Will. Under intestate succession, if your grandmother had a surviving spouse, he would inherit the entire estate. If there isn't any surviving spouse, the estate is divided equally among your grandmother's surviving children. If your grandmother has children who predeceased her but have surviving children, those children inherit the share their deceased parent would have inherited had the deceased parent survived.
If your mother is your grandmother's daughter and there are no other siblings or children of deceased siblings, your mother inherits the entire estate.
Since the estate is so small, there is no need for probate.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.