What Happens if You Die without a Will in Virginia?
If you die without a will in Virginia, your property is distributed according to the state’s intestacy laws. Who inherits depends primarily on whether you have a surviving spouse, or other living relatives. Let’s break down Virginia’s rules below.
If you are married with children
According to Virginia’s laws, your spouse’s inheritance depends on whether all of your children are shared with your spouse or if any children originated from a previous relationship.
Here are some important rules to know.
- If your spouse survives you and all of your children are also your spouse’s children biologically or through adoption, your surviving spouse inherits your estate.
- If your spouse survives you and you have one or more children who are not also children from a previous relationship, your surviving spouse receives 1/3 of the estate and your children receive the remaining 2/3 of the estate.
- If you have no surviving spouse, your children and their descendants inherit the estate.
If you are married without children
If you die without a will and have a surviving spouse but no children, your surviving spouse generally inherits your estate under Virginia’s intestate succession laws.
However, not every asset necessarily becomes part of the probate estate. Assets that pass automatically by another legal arrangement, such as certain jointly owned property or accounts with designated beneficiaries, may be handled separately and go to other specified beneficiaries.
If you don’t have a spouse, but have children
If you are divorced from your spouse, your children and their descendants inherit your estate under Virginia’s intestacy laws.
If you have children but no surviving spouse, your estate passes to your children and their descendants. Virginia law also recognizes adopted children as equal beneficiaries.
If you don’t have a spouse or children
If you die without a spouse or descendants, Virginia’s intestacy laws look to your other relatives.
The order generally begins with your parents, followed by your siblings and their descendants. If there are no surviving parents, siblings, or descendants of siblings, the law continues through more distant relatives, including grandparents, aunts and uncles, and other descendants of those family lines.
If no living relatives can be found
Virginia law provides an extended order of succession before the Commonwealth receives property. In rare cases where no living relatives can be found, real estate and personal property will go to the Commonwealth.
Other things to know about dying without a will in Virginia
There are a few other important considerations if you die without a will in Virginia.
- The estate may require an administrator to handle the estate administration process. Virginia law provides a specific order for determining who may qualify as administrator of an intestate estate and changes based on amount of time lapsed since death.
- Virginia provides certain protections for a surviving spouse and, in some circumstances, minor children. For example, qualifying exempt property may be available up to $25,000, regardless of what is stated in a will.
- Property that passes outside the probate estate may be controlled by other ownership or beneficiary arrangements.
- Virginia has a small-estate procedure for certain personal assets. A small asset generally cannot exceed $75,000, and is subject to a 60-day waiting period and the absence of a pending or granted personal representative.
When does an estate go through probate in Virginia without a will?
If you die without a will in Virginia, the estate may need to go through the administration process so that someone can be appointed to handle assets, debts, and distribution to heirs. Virginia law gives the appropriate court or clerk jurisdiction to determine the right to administration when someone dies intestate.
To learn more about probate in Virginia, go to check out this article.
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