How Virginia handles an estate when there is no will

When someone dies without a valid will (called “intestate”), Virginia law decides who inherits. The rules are in Title 64.2 of the Virginia Code. The court uses those rules to distribute assets after the estate’s debts, taxes, and administrative expenses are paid. For the full statutory chapter, see the Virginia Code: Virginia Code Title 64.2 — Wills, Trusts, and Administration.

Common scenarios under Virginia law (general illustrations):

• If your mother left a surviving spouse and no surviving children or descendants, the spouse usually inherits everything.
• If your mother left children but no spouse, the children typically share the estate equally.
• If there is a surviving spouse and also children who are not all the spouse’s children, the distribution can be split between the spouse and the children according to statutory priorities.

Because intestacy rules can differ based on family structure (surviving spouse, children, stepchildren, adopted children, predeceased children with descendants, etc.), review the statutory rules or talk to a probate lawyer to confirm how they apply to your family.

Step-by-step: How to claim your share of an intestate estate in Virginia

1. Get basic documents: Obtain several certified copies of the death certificate from the funeral home or the state/local health department. Locate bank statements, titles, life insurance policies, deeds, and any paperwork showing account ownership.
2. Confirm there is no valid will: Search your mother’s home, safe deposit box, email, and with her attorney. If a will is found, it must be presented to the court; if none is found, the estate is intestate.
3. Identify heirs: List all likely heirs (spouse, children, grandchildren, parents, siblings). You will need names, addresses, and relationships. The court will require notice to heirs and possibly creditors.
4. Open a probate estate (petition the circuit court): File a petition for appointment of a personal representative (administrator) in the circuit court of the county or city where your mother lived. Virginia’s circuit courts handle probate. The Virginia Judicial System has basic probate information here: Virginia Courts — Probate.
5. Appointment and letters of administration: The court will appoint a personal representative (often a family member) and issue letters of administration. Banks and government agencies generally require a certified copy of these letters before they will release estate assets to the representative.
6. Inventory and creditor notice: The personal representative inventories estate assets, publishes or mails creditor notices as required, and pays valid debts, funeral costs, and taxes.
7. Resolve claims and taxes: The representative must resolve creditor claims and file any required tax returns for the decedent or the estate.
8. Distribution under intestacy rules: After obligations are satisfied, remaining assets are distributed to heirs according to Virginia’s intestacy statutes (Title 64.2). The court will enter an order approving distribution and the representative transfers assets or titles to heirs.
9. Transferring specific assets: For bank accounts, life insurance, or retirement plans that name a beneficiary, those pass outside probate to the named beneficiary. Real estate typically transfers under the court order and often requires a new deed prepared and recorded in the heirs’ names.

Throughout the process, keep detailed records and copies of filings, notices, receipts, and court orders.

Practical considerations, timelines, and costs

Timeline: Simple estates can close in a few months. Estates with real property, disputed heirs, or unresolved creditor claims can take a year or longer. Costs include court filing fees, possible publication fees, appraisal fees, attorney fees (if you hire a lawyer), and title transfer costs.

Small accounts and informal collection: Some banks will release small account balances to a close relative on presentation of a death certificate and ID. Many institutions require either the bank’s affidavit or the personal representative’s letters. If estate assets are small, ask the bank what documentation it accepts. For formal rules, check the relevant statutes in the Virginia Code and ask the clerk of the circuit court.

When you might need an attorney

• If heirs disagree about who should be appointed administrator or how assets should be distributed.
• If significant debts, tax issues, or business interests exist.
• If an heir is missing, unknown, or disputes paternity/adoption issues that affect inheritance.
• If the estate includes complex assets (businesses, out-of-state real estate, contested beneficiary designations).

An attorney can prepare petitions, counsel the administrator on fiduciary duties, respond to creditor claims, and represent heirs in contested matters.

Hypothetical example

Hypothetical facts: Your mother lived in Richmond, died without a will, and is survived by two adult children and no spouse. You locate her bank statements and deed to her house. You and your sibling agree to have one of you petition the circuit court to be appointed administrator. After appointment, the administrator inventories assets, pays funeral costs and a small outstanding medical bill, and sells a few household items. Because there is no spouse, Virginia’s intestacy rules allow the two children to inherit the remaining estate equally. The court signs the distribution order, the house deed is transferred to both children as tenants in common (or as the court directs), and the bank releases account funds to the estate’s representative for distribution.

Key Virginia statutes and resources

• Virginia Code — Title 64.2, Wills, Trusts, and Administration: https://law.lis.virginia.gov/vacode/title64.2/
• Virginia Courts — probate information and how to find your local circuit court: https://www.vacourts.gov/courts/circuit/probate.html
• If you want forms or fee details, contact the clerk of the circuit court in the city or county where your mother lived; the clerk can explain local filing requirements and fees.

Helpful hints

• Start by getting multiple certified death certificates—many institutions require originals.
• Check for beneficiary designations (life insurance, retirement accounts) — those assets may avoid probate.
• Make a list of possible heirs with contact info before filing—courts require notice to certain people.
• Ask the circuit court clerk for an explanation of local probate steps and fee schedules before you file.
• Keep accurate receipts and records. The personal representative must account for all estate transactions to the court and heirs.
• If family members agree, an informal settlement can speed distribution; if not, expect the court to resolve disputes.
• Consult a probate attorney if the estate has significant assets, disputes, or tax complications.