How Virginia Law Treats Children When Someone Dies Without a Will

Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about a specific estate or court filing, consult a licensed Virginia attorney.

Detailed answer — how intestate succession among children works in Virginia

When a person dies without a will (intestate) in Virginia, state law determines who inherits the estate and how the estate is administered. The rules focus first on the decedent’s closest family members. If the decedent is survived by children (with or without a surviving spouse), the children (and their descendants) play a central role.

Basic rule: surviving children share the estate equally

If the decedent is survived by one or more children and no surviving spouse takes the entire estate under the statute, the children inherit the decedent’s intestate share. Surviving children inherit in equal shares (per capita by representation at their generation).

What happens if a child died before the decedent?

If a child predeceased the decedent but left children (the decedent’s grandchildren), those grandchildren will inherit the share that the deceased child would have received. That principle — called representation or “per stirpes” distribution — means each branch of the family receives what that child’s line would have taken, split equally among that child’s descendants.

Example: A decedent has three children: Anna, Ben (predeceased), and Cara. Ben left two children. The estate divides into three equal shares. Anna gets one-third, Cara gets one-third, and Ben’s two children split Ben’s one-third share (each receiving one-sixth).

Adopted children, stepchildren, and children born out of wedlock

Adopted children are treated the same as biological children for intestate succession. Stepchildren inherit only if they were legally adopted. A child born out of wedlock inherits from the mother automatically; inheritance from the father generally requires legal paternity (establishment during life, by adjudication, or otherwise under Virginia law).

When there are no surviving children

If the decedent left no surviving children (and no surviving spouse with a superior claim), Virginia’s intestacy statutes direct distribution to other relatives in a statutory order (parents, siblings, nieces and nephews, grandparents, etc.). See Virginia’s intestacy rules in Title 64.2 of the Code of Virginia for the full order of succession.

Appointment of an estate administrator when there is no will

If there is no will, the court will appoint a personal representative (an administrator) to handle probate and distribute assets under the intestacy rules. A close family member (such as a surviving spouse or an adult child) commonly petitions to be appointed. The court will consider statutory priority, the petitioner’s fitness, and any objections from other heirs. If multiple children want to serve, the court can appoint one or more co-administrators or select the person it finds most appropriate.

To begin probate and appointment, a petitioner files in the circuit court in the county or city where the decedent lived. The court issues letters of administration to the appointed administrator, who then gathers assets, pays valid debts, and distributes property according to Virginia’s intestacy law.

Where to find the exact statute language

Virginia’s rules for wills, administration, and intestate succession are in Title 64.2 of the Code of Virginia. For the statutory text and more detail, see the Virginia Code online: Virginia Code Title 64.2 — Wills, Trusts, and Administration. That Title contains the specific intestacy provisions and the probate procedures the circuit court follows.

Helpful hints

• If you are a child or descendant of someone who died without a will, gather key documents before filing a petition: the decedent’s death certificate, a list of assets and debts, any account statements, and family information (birth certificates, adoption or paternity proofs).
• Decide whether family members agree on who should be administrator. Courts favor avoiding conflict; an uncontested appointment is faster and cheaper.
• If a child died before the decedent, collect documents proving the child’s relationship and the surviving grandchildren’s identities (birth certificates, probate records if any).
• Consider mediation or an attorney if heirs disagree. Courts can resolve disputes, but litigation increases time and cost.
• Adopted children usually have the same inheritance rights. Stepchildren need a legal adoption to inherit as a child under intestacy rules.
• For questions about paternity (inheritance from a putative father), consult a family-law attorney; establishing paternity can be necessary for inheritance rights.
• Look up local circuit court probate procedures or call the clerk’s office for the county/city where the decedent lived for filing requirements and local forms.
• For tailored guidance on a specific estate, hire a Virginia-licensed probate or estate attorney. The rules and practical steps can vary by case and by local practice.

If you want, provide basic facts (e.g., survivors: spouse? how many children? any deceased children with descendants?), and I can outline likely distribution scenarios and the typical probate steps in Virginia.