What Happens When There’s No Will in Virginia: Intestate Succession Explained

In Virginia, when an individual passes away without a valid will, their estate is considered intestate. Intestate succession laws dictate how the deceased's assets and property are distributed among surviving relatives. Understanding these laws is crucial for heirs and beneficiaries, as it affects their inheritance and the administration of the estate.

When a person dies intestate in Virginia, the distribution of their assets follows a specific legal hierarchy. The first priority generally goes to the surviving spouse and children. If the deceased had a spouse and children, the estate is divided as follows:

• If there are no surviving children, the spouse inherits the entire estate.
• If there are surviving children, the spouse receives one-third of the estate, and the remaining two-thirds are divided equally among the children.

In cases where the deceased did not have a spouse or children, the intestate succession laws take a broader approach:

• Parents: If the deceased had no spouse or children, the estate will be divided equally between surviving parents.
• Siblings: If both parents are deceased, the estate typically goes to siblings or their descendants.
• Extended Family: If there are no immediate family members, the estate may pass to more distant relatives, like grandparents, aunts, uncles, or cousins, in accordance with the state’s hierarchy of relatives.

In Virginia, if no relatives can be identified, the estate may escheat, meaning it will revert to the Commonwealth of Virginia.

To administer an intestate estate in Virginia, the court will appoint an administrator to handle the estate's affairs. The administrator is usually a close relative and is responsible for gathering assets, settling debts, and distributing the estate according to intestate succession laws. This process can be complex and time-consuming, often requiring legal assistance to ensure that everything is managed properly.

It's important to note that intestate laws may not align with an individual's wishes regarding how their assets should be distributed. This underscores the significance of having a valid will, which explicitly outlines one's wishes and can prevent potential disputes among heirs.

In conclusion, dying without a will in Virginia triggers intestate succession laws that dictate asset distribution among surviving relatives. Understanding these laws can empower individuals to make informed decisions about estate planning, ensuring that their wishes are honored after they pass away.