If you die without a will in Virginia, state law decides who raises your children and who receives their inheritance. Those decisions may not match your wishes.
Who will care for your minor children
If both parents die and no will names a guardian, a Virginia judge steps in. The court applies a best-interests standard and often looks to close relatives. But relatives can disagree and petition the court for custody. That process can be costly and slow.
A valid will lets you name a guardian directly. Without one, the choice belongs to the court.
How your children’s inheritance is handled
Virginia’s intestate succession law, Va. Code § 64.2-200, controls how your estate is divided. The outcome depends on your family structure:
- Spouse and shared children: Your spouse inherits your entire estate.
- Children from an outside relationship: Your spouse receives one-third. Your children share the remaining two-thirds equally.
- No surviving spouse: Your children inherit everything. Stepchildren who were not legally adopted do not inherit under Virginia intestacy law.
The court places any inheritance a minor child receives into a conservatorship. They receive the full amount as a lump sum at age 18. Many parents prefer a trust that releases funds gradually at later ages.
What intestacy does not control
Not every asset you own passes through intestacy. Assets with a named beneficiary or a joint owner pass outside your estate entirely. These may include:
- Life insurance policies: Pass directly to the named beneficiary.
- Retirement accounts: Transfer to the designated beneficiary.
- POD and TOD accounts: Go directly to the named recipient.
Reviewing these designations matters as much as writing a will. An outdated beneficiary designation can override even a carefully drafted estate plan.
Take control of your family’s future
Dying without a will puts decisions about your children in the hands of the court and the state. An attorney can help you understand your options and draft a plan that reflects your wishes.