Legal Question in Wills and Trusts in Virginia

probate

Hello,

My father-in-law died about 1 1/2 years ago. He had no will and he was declared insolvent by Loudoun County Virginia Courts due to the fact he had no will, no property of value, house, etc. and a huge burden of debt from his failed business. He did, however, have a sailboat that he left to my husband (via a suicide note) and he is now selling it. He is obtaining an abstract of title. The NCG is asking that we locate some documentation to the effect that he did not have to go to probate due to the VA law we were told about (by his atty at that time) Our question is where can we locate this in VA statutes? I have searched to no avail. Any help would be appreciated as we intend to surrender the boat this weekend. Thank you for reading thus far.


Asked on 4/09/07, 6:28 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: probate

If you mean the Virginia laws of intestate inheritance (who inherits what when a decedent relative dies without a will)that sequence of law begins at Sec. 64.1-1 of the Virginia Code, and is entitled "Course of descents, generally. However, in order to claim title to property left to an heir under the laws of intestacy, the heir is normally required to complete and file an Affidavit of Heirship with the local probate court describing the property and his or her relationship to the decedent and the other relevant facts in order to claim legal title to the property. (The probate clerk's office should have a supply of this form on hand.)

Read more
Answered on 4/09/07, 8:44 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Virginia