The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for Virginia with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.
How intestacy works in Virginia
When someone dies in Virginia without a valid will, Va. Code Ann. §64.2-200 et seq. decides who inherits. The statute orders potential heirs by their relationship to the deceased — spouse and children first, then parents, then more distant relatives — and specifies exactly what share each one receives.
Virginia is a common-law (separate property) state, so there is no community-property split; the shares above apply to the whole intestate estate.
What happens when there’s a surviving spouse only (no children, no parents)
Spouse inherits the entire intestate estate.
What happens when there’s a surviving spouse and children
This is the most common situation and where Virginia’s rules get specific:
If all of the decedent's children are also children of the surviving spouse, the spouse takes the entire estate. If one or more of the decedent's children (or their descendants) are not the surviving spouse's, then two-thirds passes to the decedent's children and their descendants and one-third passes to the surviving spouse.
For families where everyone is from the same marriage, the spouse generally gets a meaningful share. For blended families — where one or more children are from a prior relationship — many states change the math substantially. If your situation might fit that, the section above is exactly the rule that applies.
What happens when there’s a surviving spouse and parents (no children)
Spouse inherits the entire intestate estate; the decedent's parents take nothing when a spouse survives and there are no descendants.
What happens when there are children but no spouse
Entire estate to the decedent's children and their descendants.
What happens when there’s no spouse and no children
Order of inheritance: descendants → surviving spouse → parents (or the survivor) → brothers and sisters and their descendants → then split into moieties, half to the paternal kindred and half to the maternal kindred (grandparents, uncles/aunts, and their descendants) → escheat to the Commonwealth of Virginia.
This is where intestacy starts producing results that often surprise people — distant relatives the deceased may not have been close to can end up inheriting, and a long-time unmarried partner inherits nothing.
A Virginia-specific quirk
Virginia keeps the old 'moiety' rule under §64.2-200(5): when no close family survives, the estate is split into halves — one half to the paternal side of the family and one half to the maternal side — so distant relatives on each side inherit separately rather than as one pool.
What intestacy can’t do (and why it usually fails most people)
Even when Virginia’s intestacy rules produce a result close to what someone would have chosen, the rules can never:
- Leave anything to an unmarried partner — intestacy doesn’t recognize unmarried partners regardless of relationship length
- Leave anything to a step-child you didn’t formally adopt
- Leave anything to a friend, charity, or specific person outside your family
- Name a guardian for your minor children — a Virginia judge picks
- Specify who handles your estate — a court appoints an administrator
- Identify specific items for specific people
- Account for blended-family dynamics in nuanced ways
- Reduce probate costs and time — intestate estates still go through full probate
For most Virginia families, a basic will — costing $300 to $1,500 with a local attorney, or $50 to $300 with an online service — is meaningfully better than the default rules.
What probate looks like in Virginia when there’s no will
If someone dies intestate in Virginia, the estate still goes through probate. A court appoints an administrator (rather than an “executor” — the title is different for intestacy) to:
- Inventory the estate’s assets
- Notify creditors and pay debts
- Identify legal heirs under Virginia’s intestacy statute
- Distribute remaining assets to heirs according to the statute
For details on what probate costs and how long it takes in Virginia, see:
- How Much Does Probate Cost in Virginia?
- How Long Does Probate Take in Virginia?
- How to Avoid Probate in Virginia
What to do this week if you don’t have a will
The most useful single move for any Virginia adult without a will:
- Write a basic will. Either through an online service ($50-$300) or a local attorney ($300-$1,500). Name an executor, name a guardian for any minor children, and specify who inherits what.
- Update beneficiary designations on retirement accounts, life insurance, and POD/TOD bank accounts. These pass outside both the will and intestacy.
- Sign a financial power of attorney and a healthcare directive. These handle incapacity (not death) and prevent your family from needing court-appointed guardianship.
For a Virginia family with a typical estate, this whole package usually costs under $1,500 and takes a couple of weeks of intermittent work. It’s substantially cheaper and less stressful than what happens if you don’t do it.
Related reading
- Do I Need a Will? — the honest decision
- How to Write a Will (and What Makes It Valid)
- What Is Probate?
- How to Avoid Probate
- Estate Planning Checklist
- Beneficiary Designations
- Power of Attorney Explained
This page explains Virginia intestacy law in general terms as of 2026. It is not legal advice; intestacy provisions, dollar thresholds, and statute citations can change. Confirm current rules with a licensed Virginia attorney before relying on this page. Sources: Va. Code Ann. §64.2-200 (course of descents; right of Commonwealth if no other heir), Va. Code Ann. §64.2-201 (distribution to collaterals; moieties).