Does VA force an estate sale when a person passes without a will?  Somewhat of a strange question I know, so here's some background.  A good friend of mine and the uncle of my long time GF recently passed away.  He was terminally ill, but his passing came unexpectedly soon.  He was a lifelong shooter, so has a not insignificant collection of firearms.  He had spoken to me and my GF (during our last few range trips) about certain guns having come down to him from family members and who he wanted them to go to after he was gone.  Also, he owned other family heirlooms and talked to various family members with regards to who should receive what.

However, I recently was told something strange.  Apparently my friend died without a will.  Also, medical bills are extensive and life insurance may not cover the total.  His widow has been told that the state will require an estate sale to be held and all of his property sold off to pay the bills.  This seems strange to me, since to my understanding if you die in VA without a will, 1/3 of your estate goes to your spouse and 2/3 is divided between any surviving children.  People in the family are concerned, since would require family heirlooms to be sold instead of passed along per the verbal wishes of the deceased.  I wanted to know if any member had experience with this, since this seems somewhat strange to me.

TL;DR version: If you die without a will in VA, can the state force your widow to sell off all your possessions to pay medical bills?

OP, I think your memory must be playing tricks on you. Are you SURE that the deceased did not give those guns and family heirlooms away BEFORE he died?

When my mother died, without a will, the state did not force us to sell anything, my father assumed control over everything.
He became the "executor of the estate"

Even with substantial medical bills, credit card debt of my mother, he was not required to pay any debts that were soley in her name.

This was in 2000, I think his widow was misinformed.
Good luck

If he was married, doesn't the widow automatically assume ownership of all assets unless a valid will dictated otherwise?

I know my dad gave away his valuable and historic firearms to my brothers and I several years ago, we just keep them at his house because he likes to look at them still.  But they're ours.

Good luck with that unless you have written proof.

I've seen that scenario several times, and not always coming out in the person favor who was keeping those items in the deceased's household.

It takes exactly one person to disagree and contest property to drag everything into court.

He actually did, it was Christmas '12 and the whole family was there.  We thought it was a bit premature but hey, old men do what they want.  I think it was because we got him a shotgun and a G22 for Christmas.

Good, it cuts down on a whole lot of arguing about who gets what.

Is Virginia a community property state? If so, I thought failing the presence of a valid will, everything goes to the surviving spouse, both assets and liabilities. However, I've heard several stories about hospitals around here eating the bills of patients who croak in the hospital itself. I guess it's just easier for them to cancel the bill than to try to collect from a grieving widow/widower.

I am aware of one quirky scenario where a lady I know had her mom pass away. According to this gal's lawyer, since there was no will or estate, ownership of the mom's house automatically reverts to the surviving children. As for the bills, since there was no will or estate as such, paying them was optional.

No, thank God, Virginia is not a community property state.

I appreciate the comments and input from everyone.  This is a tough situation.  People are in mourning yet must try and make good financial decisions, and while this can be difficult at any time, raw emotions make it harder.  Best takeaway from this situation is to make a will, even if it's a very simple one.  I'll do my best to help out the family however I can, because it makes me sick to think a man's favored possessions would not be dispersed per his wishes.

Google says:
http://www.courts.state.va.us/courts/circuit/resources/probate_in_virginia.pdf


4. WHO INHERITS THE PROPERTY OF AN INTESTATE (Person Dying Without a Will)?

If a person dies without a will, Virginia law provides a course of descents as follows (after payment of funeral expenses,
debts and cost of administration):

a) all to the surviving spouse, unless there are children (or their descendants) of someone other than the surviving
spouse in which case, one-third goes to the surviving spouse and the remaining two-thirds is divided
among all children.

b) if no surviving spouse, all passes to the children and their descendants.

c) if none, then all goes to the deceased’s father and mother or the survivor.

d) if none, then all passes to the deceased’s brothers and sisters and their descendants.

e) (there are further contingent beneficiaries set out in the Virginia statutes.)

There you have it...





The 1/3 thing is only if there are kids not descended from the surviving spouse.  Otherwise, the surviving spouse gets all (debits and credits).  It's kind of the point of being married.





Oh, and as far as this is concerned:



TL;DR version: If you die without a will in VA, can the state force your
widow to sell off all your possessions to pay medical bills?  Yes, it's no different than when you read that some women run up their credit card debt before a divorce.  Debt is shared.
 

The answer is, it depends.  You have not given enough information for an attorney to advise you (or them).  When things calm down, have the heirs consult with an attorney.  There is no rush.

Agreed.  From what I know today, some of this "information" was either inferred or from unreliable sources.  An attorney has been retained to protect interests.

Virgina is a marital property state.
It is still hard to cut a spouse out completely, but a will can limit distributions.

Not exactly.
The debts may have to be paid from the estate, but a CC in a single name does not obligate anyone else.

Many CC companies eat the balance of deceased persons anyway.
It is just not worth the time and expense to pursue them.

I think that's certainly the case.  Memory is a tricky thing.