A will gives you control over what happens to your assets, your children, and your property when you die. Without one, Virginia’s intestacy laws take over, and the results frequently surprise the families left behind.
A common misconception about estate planning is that dying without a will means surviving family members simply divide things up informally. In Virginia, dying without a will (known as dying intestate) triggers a court-supervised process governed by a rigid statutory formula. That formula does not account for personal relationships, informal promises, or the specific needs of individual family members.
1. Virginia’s intestacy law determines who inherits
When someone dies intestate in Virginia, assets are distributed according to Virginia Code § 64.2-200. The statute follows a fixed priority sequence that does not consider dependency, cohabitation, or verbal agreements.
For blended families, this can produce unexpected results. If the deceased leaves a surviving spouse and children from a prior relationship, the spouse does not automatically inherit everything, as state law directs one-third of the estate to the spouse and two-thirds to the prior children. If all children are also the children of the surviving spouse, the spouse inherits the entire estate. And if the deceased had a long-term unmarried partner, that partner has no inheritance rights under Virginia law, regardless of the length or nature of the relationship.
2. A probate court appoints the estate administrator
A will allows you to designate a trusted executor to manage your affairs. Without one, the circuit court appoints an estate administrator. Virginia law gives priority to a surviving spouse or next of kin during the first 30 days following the death, but if family members disagree on who should serve, a judge makes the final appointment, which can mean a neutral, court-appointed third party managing private financial records at the estate’s expense.
3. A judge decides who raises your minor children
Without a will designating a guardian, the court determines who raises any minor children if both parents are deceased. Judges evaluate competing petitions from relatives without any written guidance about the deceased’s preferences regarding religion, lifestyle, or the specific relationships the children had with potential guardians.
4. Half-relatives create inheritance complications
State law includes provisions for relatives of the half-blood, such as half-siblings who share only one parent with the deceased. Under Virginia law, these relatives inherit half as much as relatives of the whole blood. When an estate involves extended family with varying degrees of relation, calculating these fractional interests adds administrative complexity, delays, and cost to the process.
5. Shared real estate can lead to forced sale
When a Virginia property owner dies intestate, ownership passes immediately to the legal heirs. If multiple heirs inherit fractional shares of a single property and cannot agree on how to manage it, any one heir can file a partition action. When the property cannot be physically divided, a court may order a public sale, potentially at a price below market value after accounting for litigation costs.
One important clarification: Virginia’s intestacy laws apply only to assets that pass through the formal probate estate, that is, assets held solely in the deceased’s name. Property held as joint tenants with right of survivorship and accounts with active transfer-on-death or beneficiary designations pass automatically outside of probate and are not affected by these rules.
Without a will, your family has no say in how any of this unfolds. A Virginia attorney can help you put the right documents in place to ensure your wishes are followed and your family is protected. Call us at 703-794-5630 or email us to get more guidance on your specific situation.