Leesburg Probate Process for Same-Sex Couples
Same-sex couples may feel uncertain about how Virginia’s inheritance laws affect them. Making sure your spouse and children are cared for is a main priority. Understanding the Leesburg probate process for same-sex couples is important.
A skilled probate attorney may provide valuable support before and during probate. The right legal professional could help couples determine how Virginia law affects them and assist with the probate process. Learn more about how we can help during your free case evaluation.
How Probate Laws Affect Same-Sex Couples
After a person passes, their assets and possessions will pass in accordance with their estate plan. If the decedent did not have a will, the decedent passed “intestate.” When a person is intestate, their assets will be divided under Virginia’s inheritance laws.
Leesburg probate will not differ for same-sex couples and heterosexual couples. Any differences in these processes will be due to individual circumstances and factors unique to the couple. All couples will want to take the time to plan for guardianship of their children, personal property distribution, and asset distribution.
Unmarried partners are not recognized under intestate rules and will not inherit unless there is an estate plan naming them as beneficiaries. Otherwise, these assets will pass under Virginia’s intestate laws. If a couple is not legally married, they will want to ensure they have an estate plan naming their partner as a beneficiary of their estate.
Virginia Intestate Laws for Same-Sex Couples
Like the probate process, same-sex married couples are treated the same under Virginia’s inheritance laws. The intestate process starts with determining whether there is a surviving spouse, it will then work down the family tree through descendants before moving to the generation above the decedent. This process will continue until an heir is identified.
Intestate succession prioritizes the surviving spouse. If there is no surviving spouse, the estate will then pass to any children or other descendants. If there are no descendants, the estate will pass to the parents, then any siblings or their descendants.
If the decedent has children or descendants from someone other than the surviving spouse, the surviving spouse will inherit one-third of the estate and the other two-thirds will be divided between the decedent’s children. Adopted children are treated the same as biological children.
Understanding the Probate Process
The Leesburg probate process for same-sex couples is identical to the process for opposite-sex couples. Generally, the last will and testament of the decedent will be presented to the court and the personal representative will be assigned to administer the estate per the will. If the decedent was intestate, an heir would be assigned as administrator of the estate.
The personal representative will take inventory and value the decedent’s estate, manage final financial matters, and distribute assets to the beneficiaries. Before distribution, the personal representative must pay any debts, claims against the estate, and administration expenses. Additionally, any tax obligations must be paid.
Probate can take several months to complete. The estate cannot close prior to the expiration of the six-month creditor period. If there are any family disputes, this can extend the probate process.
Contact a Leesburg Probate Attorney
It is important for families to understand how Virginia inheritance and probate laws affect them. You will want to take the time to understand these rules and make the appropriate plans for supporting your family.
If you need help with the Leesburg probate process for same-sex couples contact us now for a free case evaluation. The attorneys at Price Benowitz, LLP, Trusts & Estates Lawyers, are here to support you through the estate planning and probate processes.