Want to decide who inherits instead of the state? A free role check shows you where you stand.
Start the free role checkWhat “intestate” means
Dying “intestate” means dying without a valid will. Virginia's statute of descent (Va. Code § 64.2-200(A)(1), Va. Code § 64.2-200) then sets a fixed order of who inherits your probate assets — regardless of what you would have wanted — dividing a share among descendants at the closest degree that has a living heir (Va. Code § 64.2-202), with the family allowance, exempt property and the homestead allowance coming first (Va. Code §§ 64.2-309, 64.2-310, 64.2-311). Assets that pass outside probate (a funded Trust, beneficiary designations, property held with right of survivorship) follow their own rules, not intestacy.
Who inherits under Virginia law
- Spouse, no descendants — the surviving spouse inherits the entire intestate estate (Va. Code § 64.2-200(A)(1)).
- Spouse and shared children only — if every surviving child of the decedent is also the surviving spouse's, the spouse inherits everything (Va. Code § 64.2-200(A)(1)).
- Blended family — where the decedent leaves children or their descendants who are not also the surviving spouse's, the spouse takes one-third and the children and their descendants take two-thirds (Va. Code § 64.2-200(A)(1)), divided at the closest degree of kinship that has a living heir (Va. Code § 64.2-202).
- No surviving spouse — assets pass to descendants, then to parents, then to siblings, and outward along the family tree (Va. Code § 64.2-200).
The spouse's share and minor children
In Virginia, when there is no will, a surviving spouse takes the whole estate unless the decedent leaves children or their descendants who are not also the spouse's; then the spouse takes one-third and the children and their descendants two-thirds (Va. Code § 64.2-200(A)(1)). The family allowance, exempt property and the homestead allowance come first (Va. Code §§ 64.2-309, 64.2-310, 64.2-311). And intestacy never lets you name a guardian for minor children or set conditions on what they receive. These are exactly the gaps a plan closes.
Does the state take everything?
Almost never. Property only “escheats” to the State of Virginia as a last resort when no heirs at all can be found — which is rare. The real cost of dying intestate isn't the state taking your assets; it's losing control over who receives them, who raises your minor children, and how much delay and conflict your family faces.
Take back the decision
Intestacy is the plan the state writes when you don't write your own — and it rarely matches what people actually want. This page is general information, not legal advice. A free role check can show you where you stand, and a Virginia attorney can help you put a plan in place.
General information about Virginia law, not legal advice.
Frequently asked questions
- Who inherits in Virginia without a will?
- The surviving spouse takes all, unless the decedent had children or descendants who are not also the spouse's, when the spouse takes one-third and the children two-thirds; with no spouse, the children and their descendants, then the parents, then the siblings and their descendants, then the kindred of each parent (Va. Code § 64.2-200).
- How does Virginia divide a share among descendants?
- Into equal shares at the closest degree of kinship that has a living heir, each deceased person's share passing per stirpes to that person's descendants (Va. Code § 64.2-202).
- Who handles an estate without a will in Virginia?
- An administrator qualifies before the circuit court or clerk, and gives the notice and files the list of heirs the statutes require (Va. Code §§ 64.2-508, 64.2-509); the surplus personal estate passes to the same persons as real estate (Va. Code § 64.2-201).
General information about Virginia law, not legal advice.