If you die without a valid will in Virginia, state law controls who inherits your property. The outcome may not match your personal wishes or your family’s expectations.
What dying intestate means
When you die without a will, you die intestate. Virginia’s intestacy statutes create a fixed order of inheritance that courts must follow. These rules apply to probate assets and do not account for informal promises or personal preferences.
Under Virginia Code § 64.2-200
Under Virginia Code § 64.2-200, the Commonwealth sets the course of descents for real estate, with related provisions extending similar rules to personal property. The statute creates a strict hierarchy based on family relationships at the time of your death. Distribution generally works as follows:
- Spouse and no children: Your spouse inherits 100%.
- Spouse and children from that marriage only: Your spouse inherits 100%.
- Spouse and at least one child from another relationship: Your spouse receives one-third and your children share two-thirds.
- No spouse but children: Your children inherit in equal shares.
- No spouse and no children: Your estate passes to parents, followed by siblings and to distant relatives afterwards.
- No surviving relatives: Your estate may pass to the Commonwealth of Virginia.
If closer heirs are not living, the law may divide property between paternal and maternal relatives before extending the search further.
What intestacy does not control
Intestacy laws apply only to probate assets in your name alone. Some property transfers automatically and do not follow these rules. Common non-probate assets include:
- Life insurance policies: Paid to the named beneficiary.
- Retirement accounts: Distributed to designated beneficiaries.
- Joint accounts with survivorship: Pass to the co-owner.
- Trust property: Distributed according to the trust terms.
These transfers occur regardless of whether you have a will.
Intestacy laws aim to create uniform outcomes. However, a uniform formula cannot reflect blended families, unmarried partners or personal intentions. Because the statute controls distribution, stepchildren or long-term partners may receive nothing unless you plan ahead.
It is recommended to with an estate planning attorney
A properly drafted will allows you to choose who inherits, who manages your estate and who serves as guardian for minor children. An attorney can explain how probate may apply and help you align your documents with your goals.