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Detailed Answer

When a person dies without a valid will in Virginia, the court distributes their assets under the state’s intestacy statutes (Va. Code § 64.2-200). Intestate succession depends on surviving heirs and their relationship to the decedent. Below is a step-by-step overview:

1. Identify the Surviving Spouse

If the decedent leaves a surviving spouse and no descendants, the spouse inherits the entire estate.

If the decedent leaves both a spouse and descendants (children or grandchildren), inheritance splits as follows:

• If all descendants are common to the spouse and decedent, the spouse receives the first $50,000 plus one-half of the remaining personal property and one-half of the real property; descendants divide the rest equally. (Va. Code § 64.2-200(A))
• If any descendant is not the spouse’s child (e.g., from a prior relationship), the spouse gets one-half of the estate and the non-common descendants share the other half. (Va. Code § 64.2-200(B))

2. No Surviving Spouse

If there is no spouse, all assets go to descendants equally. If no descendants, assets pass to other next-of-kin in this order:

1. Parents of the decedent.
2. Siblings (and their descendants) under per stirpes distribution.
3. Grandparents and their descendants.
4. Aunts and uncles (and their descendants).

See Va. Code § 64.2-201 for more details.

3. No Heirs

When no eligible heirs exist, the estate escheats to the Commonwealth of Virginia. (Va. Code § 64.2-202)

Illustrative Example

For example, Jane Doe dies intestate leaving a spouse and two children. Her personal property is valued at $150,000 and real property at $300,000. Under § 64.2-200(A), her spouse receives $50,000 plus half of the remaining personal property ($50,000) and half of the real property ($150,000). The two children share the rest equally.

Helpful Hints

• Obtain multiple copies of the decedent’s death certificate early.
• Search for a will in safe deposit boxes and digital files (email, cloud storage).
• File for Letters of Administration with the circuit court to gain authority to manage assets.
• Compile a full list of potential heirs: spouse, children, parents, siblings, etc.
• Keep accurate records of estate assets and debts for accounting.
• Consult a Virginia estate attorney to guide you through filings and deadlines.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consider consulting a qualified attorney for your specific situation.