3.7 Comparison of Testacy and Intestacy

• Library: Estate Planning in Virginia (Virginia CLE) (2018 Ed.)

3.7 COMPARISON OF TESTACY AND INTESTACY

Issue	Testate	Intestate
Who selects personal representative?	Testator	Circuit court, by reference to Virginia law
Who determines distribution scheme for probate property?	Testator	Virginia law of descent and distribution
Who determines distribution scheme for non-probate property?	Testator	Decedent
Who determines apportionment of transfer taxes?	Testator	Virginia law
Who determines the funds from which the decedent's debts are to be paid?	Testator	Virginia

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