If my grandmother recently passed but we can’t find a Will, what do we do?

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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 6 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.


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