If you die without a valid will in Virginia, the state will decide who inherits your property. That process may not reflect your personal wishes.
What dying intestate means
When you die without a will, you die “intestate.” Virginia’s intestacy laws control how your probate estate is distributed. A court appoints an administrator to gather assets, pay debts and distribute what remains.
Under Virginia Code § 64.2-200, the law follows a strict order of inheritance. If someone qualifies in a higher category, the search stops there. Here is the general hierarchy:
- Surviving spouse: Inherits everything unless you have children from another relationship. If you do, your spouse receives one-third and your children divide two-thirds.
- Children and descendants: If no spouse survives, your children or their descendants inherit everything.
- Parents: If you have no spouse or descendants, your parents inherit the estate.
- Siblings and their descendants: If your parents are not living, your siblings or their children inherit.
- Extended relatives: The estate may be divided between paternal and maternal relatives under the “moieties” rule.
If no legal heirs can be found, your estate may escheat to the Commonwealth of Virginia.
What property is affected
Intestacy laws apply only to probate assets. These are assets titled in your name alone without a beneficiary designation. Common probate assets include:
- Solely owned real estate: Property held only in your name.
- Individual bank accounts: Accounts without payable-on-death beneficiaries.
- Personal property: Vehicles, jewelry and household items.
Non-probate assets pass directly to the named beneficiary or co-owner. These may include life insurance, retirement accounts and jointly owned property with survivorship rights.
Speak with an estate planning attorney
Intestacy laws create a mandatory distribution scheme. They do not account for blended families, unmarried partners or specific personal wishes. They also leave key decisions to the court.
An attorney can review your assets, family structure and long-term goals. Through proper planning, you may reduce uncertainty and help ensure your estate is handled according to your intentions.