Detailed Answer — When must an estate be administered in Virginia if the deceased left no will?
Short answer: Not every situation requires a formal probate administration in Virginia when someone dies intestate (without a will). Whether you must open an estate in circuit court depends on what assets the decedent owned and how those assets are titled. Assets that pass automatically by law or contract generally avoid probate; assets held solely in the decedent’s name often require court supervision or use of simplified procedures.
This explanation assumes no will and that the reader starts with no legal background. This is educational information, not legal advice.
How property passes when there is no will
In Virginia, property passes in different ways depending on its nature and title:
- Assets with beneficiary designations — retirement accounts, life insurance, and some bank accounts that name a payable-on-death (POD) or transfer-on-death (TOD) beneficiary pass directly to the named beneficiary and do not require probate.
- Jointly owned property — property held as joint tenants with right of survivorship typically passes automatically to the surviving joint owner outside probate.
- Real estate and personal property titled only in the decedent’s name — these assets generally require appointment of a personal representative (sometimes called an administrator) and some form of probate or estate administration to transfer title or distribute assets.
- Small personal property and limited-value estates — Virginia provides limited non-probate procedures in some cases so heirs can collect small estates without full administration (see resources below).
When formal probate (administration) is generally required
Formal administration in circuit court is commonly required when the decedent owned:
- Real property solely in their name (to transfer the deed to heirs).
- Bank and investment accounts solely in their name with significant value and without payable-on-death designations.
- Significant personal property that institutions will not release without court authority.
Opening an estate generally involves filing a petition in the circuit court of the decedent’s last domicile, asking the court to appoint someone to administer the estate, and then following court-supervised steps to pay debts and distribute assets according to Virginia’s intestacy rules. Rules and procedures for administration are in Virginia law governing wills, trusts, and decedents’ estates: see Title 64.2 of the Code of Virginia for statutory provisions: Va. Code Title 64.2 (Wills, Trusts, and Administration of Decedents’ Estates).
Options that may avoid full probate
Virginia provides ways to collect certain assets without full administration. Typical non-probate options include:
- Payable-on-death / transfer-on-death beneficiaries: Institutions will pay funds to the named beneficiary on proof of death and identity.
- Joint ownership: Surviving joint owners can present proof of death and ownership transfer documentation.
- Small estate procedures: For smaller estates, courts or statutes may allow simplified affidavits or summary collections instead of full probate. Whether these apply depends on the type and total value of assets and the particular institution’s policies.
Because the threshold and eligibility for small estate procedures may change, consult the Code or the circuit court clerk’s office for current requirements: Va. Code Title 64.2.
Practical steps to take if someone dies intestate in Virginia
- Gather basic information: locate the death certificate(s), lists of assets (bank and investment accounts, deeds, vehicle titles, insurance, retirement accounts), and any beneficiary designations or joint-account documents.
- Check titles and beneficiaries: determine which assets already have beneficiaries or joint owners who can claim the property without probate.
- Contact the financial institutions and the clerk of the circuit court where the decedent lived to ask what documentation they require to release funds or transfer property.
- If probate seems required, file a petition in the circuit court to appoint an administrator (often a close family member). The clerk can explain local filing steps and forms.
- Inventory, pay valid debts and taxes, then distribute remaining assets according to Virginia’s intestate succession rules (found in Title 64.2 of the Code of Virginia).
Example scenarios (hypothetical facts)
Scenario A — Small checking account and household goods only: If the decedent owned only a small checking account and household goods and the bank will accept an affidavit or release based on relationship, family members may be able to collect funds without opening a full estate. Check with the bank and the circuit court clerk for small estate options.
Scenario B — House titled solely in decedent’s name and no beneficiary designations: Transferring the house will typically require appointment of an administrator through probate so a deed can be recorded to transfer ownership to heirs under the intestacy rules.
Scenario C — Retirement account with named beneficiary: The retirement account passes directly to the named beneficiary and avoids probate, even though there is no will.
How intestacy determines who inherits
If administration occurs, Virginia’s intestacy law determines heirs and shares. Those rules are statutory and appear in Title 64.2; they prioritize surviving spouse and descendants, parents, siblings, and so on. For exact order of priority and share calculations, consult Title 64.2 or a probate attorney: Va. Code Title 64.2.
When to consult an attorney
Consider getting legal help if any of the following apply:
- The estate includes real property or large assets;
- There are likely creditor claims, disputed heirs, or complex tax issues;
- Multiple relatives contest who should be appointed administrator; or
- Financial institutions refuse to release assets without court orders.
An attorney can help determine whether you need to open an estate, which simplified procedures may apply, and how Virginia’s intestacy rules will distribute assets.
Important disclaimer: This information is educational only and does not constitute legal advice. Laws change and every situation is unique. For advice about a specific case, consult a qualified attorney licensed in Virginia.
Helpful Hints
- Start by locating the death certificate—most institutions require it to release assets.
- Make a quick inventory of assets and note which have beneficiary designations or joint ownership.
- Contact the clerk of the circuit court in the decedent’s county of domicile to ask whether probate is necessary and what small-estate options exist.
- Be cautious about paying creditors without court guidance—some claims must be handled through administration.
- If you believe someone may contest who inherits, consider speaking to a probate attorney early.
- Keep careful records: inventories, receipts, and communications with banks and the court will make any administration smoother.
- Use official resources: Va. Code Title 64.2 for statutes governing intestacy and estate administration: https://law.lis.virginia.gov/vacode/title64.2/.