Quan; you are not quite right in some aspects of your summary below, but almost :) All of the following is in my dictionary "What Did They Mean By That?" (Amazon Books and Heritage Books) Paul Drake Death without a will is called Intestate death, and death without a will AND with no assets is still intestate death, however the administration is waived since there is no estate - no assets - to administer. THe court appoints the administrators. There are administrators (men) or administratrixes (women). In early times, all administrators were men, not so now. Death with a will is Testate death and the will is said to be executed, not administered. The maker of the will names the executors. There are executors (men) and executrixes (women). In early times, occasionally women were appointed and did so act. Death a will that is not complete legally for whatever reason the court finds, yet the wishes of the dead person are to be applied where feasible, is an "administration with will annexed" (often abbreviated "admin. w.w.a.). There are other occasions where a will is considered in an administration. Bonds are required in all estates, testate or intestate, and are quite usually in twice the estimated value of the total estate (but the real estate was not considered in the bond amount so long as primogeniture existed). However the person who wrote the will - the testator - can/could declare that no bond be required of the executor. Similarly, a court can/could determine that no bond is required of the administrator to be appointed in an intestate death. There are other sorts of wills which you may encounter. Inventories and appraisements take place in every estate, testate or intestate. However, sales, public or private, have to do with HOW - in what manner - to settle the estate to the satisfaction of the court AND to the heirs, and should not be confused with whether or not there was a will. Paul ----- Original Message ----- From: "quan pruitt" <pruitt@email.msn.com> To: "Paul Drake" <martee@citlink.net> Sent: Sunday, July 15, 2001 10:59 PM Subject: Re: [VA-SOUTHSIDE-L] Will > Paul, > Lets see if I have this right, I'm learning. > In VA they didn't use the term probate. > Testate is the term used for with a will. > Interstate is for without a will. > If you didn't leave a will the court declared it without assets or void. > executor and administrator we use here so I got that. > > > Thanks, now I know which area to look in for the information. > > Thanks so much, > Quan > ----- Original Message ----- > From: "Paul Drake" <martee@citlink.net> > To: "quan pruitt" <pruitt@email.msn.com>; <VA-SOUTHSIDE-L@rootsweb.com> > Sent: Sunday, July 15, 2001 10:16 PM > Subject: Re: [VA-SOUTHSIDE-L] Will > > > > We don't use the word "probate" as you did here; we do not "have > > probates." The answer to your question is that there were deaths > > with wills - "testate" - which were "executed" by an > > executor/executrix - "intestate" - which were/are "administered" by > > an administrator/adminitratrix since almost time imemorial - at > > least a thousand years in UK. (there also are "administrations wwa" > > (an administration which includes a will which for some legal reason > > in inoperative, yet not void as to its terms). The court might - > > and often did - declare that an intestate estate was "without > > assets" and order that an administration of it should be "waived." > > Othewise, the law required that action by the court take place for > > exactly the reasons you suggested; when you die every known asset > > MUST be the subject of transfer to someone. That someone is quite > > usually a relative or so, since the dead can't do anything ever > > again, and we don't think title to any property should be left > > floating around in the heir. Such estates without assets were quite > > usually noted in the courts' minutes/entries for that county. > > Families have always carried off part of the personal property; it > > is overlooked by the law usually, unless the items are of great > > value or another heir complains to the court. Paul > > > > ----- Original Message ----- > > > Hi, > > > Could someone please answer for me what would happen if > > > in the 1800's a person who own property died and didn't leave a > > will? Did they have probate at that time or did the family just > > divide everything among themselves? Wouldn't they have to change > > ownership or something? > > > > > > Thanks, > > > Quan > > > > > > >