Virginia Estate Tax

Virginia Intestate Succession — Best Essential Guide (2026)

By Oleg Kachko · Updated June 13, 2026

✓ Verified June 2026

This guide explains what happens when someone dies dying without a will in Virginia — exactly who inherits under Virginia’s intestate-succession law, and what surprises families most. All shares are from Virginia statute, verified as of June 2026.

Who Inherits When There Is No Will in Virginia

Here is exactly how Virginia divides an estate when there is no will:

If the person leaves… Who inherits in Virginia
Spouse, no children The surviving spouse inherits the entire estate (Va. Code § 64.2-200(A)).
Spouse + shared children The surviving spouse inherits the entire estate. The children receive nothing through intestacy while the spouse survives (Va. Code § 64.2-200(A)). This applies only when ALL surviving descendants of the decedent are also descendants of the surviving spouse.
Spouse + children from another relationship The surviving spouse receives 1/3 of the estate. The decedent’s children (and their descendants) receive the remaining 2/3 (Va. Code § 64.2-200(A)). This split applies when one or more of the decedent’s surviving descendants are NOT also descendants of the surviving spouse — for example, children from a prior relationship.
Children, no spouse The children and their descendants inherit the entire estate in equal shares (Va. Code § 64.2-200(A)).
No spouse, no children The estate passes in this order under Va. Code § 64.2-200(A): (1) to the decedent’s parents, or the surviving parent, equally; (2) if no parents survive, to siblings and their descendants; (3) if none of the above, the estate splits into two equal halves (moieties) — one half to paternal kindred, one half to maternal kindred — and within each moiety the order is: (a) grandparents or surviving grandparent, (b) uncles and aunts and their descendants, (c) great-grandparents, (d) great-uncles and great-aunts and their descendants, and so on without end to the nearest lineal ancestors and their descendants. If no kindred survive on one side (paternal or maternal), the entire estate passes to kindred on the other side.
No living relatives (escheat) If there are no surviving heirs at all — no spouse, no descendants, no parents, no siblings, and no other kindred on either the paternal or maternal side — the estate escheats to the Commonwealth of Virginia (Va. Code § 64.2-200; real property under Va. Code § 55.1-2400 et seq.).

These shares come from Virginia intestate-succession law (Virginia Code § 64.2-200 (course of descents generally); § 64.2-201 (personal estate distribution); § 64.2-202 (per stirpes/half-blood rules)).

How Virginia divides shares among descendants: Virginia uses a modified per stirpes system (sometimes called per capita at each generation) under Va. Code § 64.2-202. The estate is divided into as many equal shares as there are (a) living heirs in the closest degree of kinship, plus (b) deceased persons in that same degree who left surviving descendants.

Each living heir in the closest degree takes one equal share (per capita). The share of each deceased person in that degree passes per stirpes to that person’s descendants.

Virginia homestead and family allowance: Virginia provides three statutory allowances that have priority over most estate claims: (1) Family Allowance (Va. Code § 64.2-309) — the surviving spouse and minor children (or minor children alone if no spouse) may receive a reasonable maintenance allowance during administration, up to 30000 total or 2500 per month for up to 12 months; this has first priority over all claims. (2) Exempt Property (Va.

Code § 64.2-310) — the surviving spouse may claim up to 25000 in household furniture, automobiles, furnishings, appliances, and personal effects (in excess of security interests); if no spouse, minor children share this collectively. (3) Homestead Allowance (Va. Code § 64.2-311) — the surviving spouse is entitled to 25000; if no spouse, minor children share 25000 divided equally among them.

All three allowances are in addition to any share passing by will, intestacy, or elective share. Combined, these allowances may total up to 80000.

Half-blood relatives in Virginia: Under Va. Code § 64.2-202, collateral relatives of the half blood (such as half-siblings, half-aunts/uncles, and half-cousins) inherit only half as much as collateral relatives of the whole blood. This half-blood discount applies only to collateral relatives, not to lineal descendants. The rule is applied after determining which relatives qualify as heirs under § 64.2-200.

Assets That Pass Outside Virginia Intestate Rules

Assets with designated beneficiaries (life insurance, retirement accounts, payable-on-death bank accounts), jointly held property with right of survivorship, and assets held in a living trust pass outside Virginia’s intestate succession rules and are not governed by Va. Code § 64.2-200. These non-probate transfers go directly to the named beneficiary or surviving joint owner regardless of intestacy law.

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Other Virginia intestacy rules: (1) Virginia has no separate probate court — probate is handled by the Circuit Court of the city or county where the decedent resided, typically through the Clerk of the Circuit Court. (2) Desertion bar (Va.

Code § 64.2-308): a surviving spouse’s intestate share and all other statutory rights are barred if the spouse willfully deserted or abandoned the decedent and the desertion continued to the time of death. (3) Elective share (Va.

Code § 64.2-308.1 through 64.2-308.15, effective for deaths on or after January 1, 2017): a surviving spouse may elect to take 50% of the marital-property portion of the augmented estate; the marital-property percentage scales from 3% for marriages under 1 year up to 100% for marriages of 15 years or more, meaning the effective elective share ranges from 1.5% to 50% of the augmented estate.

The homestead allowance, exempt property, and family allowance are not charged against this elective share. (4) Aliens may inherit (Va. Code § 64.2-203): no person is barred from inheriting because they or a person through whom they claim is or has been an alien. (5) Dual-relationship single share (Va.

Code § 64.2-203): a person related to the decedent through two lines of relationship takes only a single share based on whichever relationship yields the larger share. (6) Small estates: personal property estates valued at 50000 or less (excluding real estate) may use a small-estate affidavit process if 60 days have passed since death, bypassing formal probate administration.

What Dying Without a Will in Virginia Really Means

When someone dies without a will in Virginia, the state’s intestate-succession law — not the family — decides who inherits. The shares above show exactly how Virginia divides an estate when someone is dying without a will in Virginia, and they often surprise people: a spouse may not automatically inherit everything.

Understanding dying without a will in Virginia helps a family know what to expect before they walk into probate court. Remember that some assets pass outside these rules entirely, so the full picture of dying without a will in Virginia depends on how each asset was titled.

You don’t have to do this alone

If you are settling a loved one’s estate in Virginia, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.

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Official Virginia Sources & Resources

This Virginia intestate-succession guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.

More Virginia Wills & Probate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.