When a child passes away, questions about what is meant to happen to their property can be both heartbreaking and complex.
In Virginia, the answer to this question depends on several factors, including whether the child was a minor or an adult child of a living parent, and whether they left behind a valid will.
The age of the child matters
If a child has died as a minor, meaning under the age of eighteen, they typically do not have the legal capacity to make a will. In that situation, any property that a child owned would pass according to Virginia’s intestate succession laws. Most often, this means the child’s parents inherit their property equally. If one parent has predeceased the child, the surviving parent would usually inherit the entire estate. If a minor child’s parents are divorced or one has lost parental rights, the distribution could become more complicated and may require legal guidance.
In rare cases, a minor might own property through inheritance or a custodial account. For example, a grandparent may have left assets directly to a child. If that child dies, those assets would not return to the grandparent automatically but would instead be distributed under the child’s estate according to the intestacy rules. The probate court would oversee the process to ensure that the estate is properly managed and that the rightful heirs receive their shares.
If a child of a surviving parent were an adult, the analysis shifts slightly. An adult child with a valid will can designate who inherits their assets. Without a will, Virginia’s intestacy laws still apply. If the child was unmarried and had no children of their own, their estate would typically go to their parents. If their parents are deceased, the estate would pass to siblings, then to more distant relatives in a specific order defined by statute.
Each case is unique
Losing a child is an unimaginable tragedy. An experienced legal team can help families more effectively navigate the legal sides of this painful process, better ensuring that any relevant estate is handled correctly and all legal requirements are met. Guidance may be especially important if there are complex family circumstances or valuable assets involved, as even well-intentioned families can struggle to interpret Virginia’s inheritance laws without support.