VA state guide
Virginia estate risk overview
This guide explains how estate outcomes work in Virginiawhen there is no plan. We cover intestacy rules, probate flow, guardianship defaults, and tax exposure in clear, educational language.
Snapshot
Key default outcomes
- Intestacy laws determine who receives assets.
- Probate court oversees the estate and public filings.
- Guardianship for minors is court-appointed if needed.
- State and federal tax rules may apply to larger estates.
What happens without a will
Virginia intestacy gives the surviving spouse the entire estate unless the decedent has children not of the spouse, in which case the spouse receives one-third and descendants receive two-thirds.
- If there are no children or all children are also the spouse's, the spouse inherits the entire estate.
- If there are children not of the spouse, the spouse receives one-third and the children receive two-thirds by representation.
- If there is no spouse, the estate passes to children, then parents, then siblings and their descendants.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Probate process
Virginia allows transfer of small assets by affidavit for estates under a statutory cap after a waiting period.
- The personal probate estate must be $75,000 or less.
- At least 60 days must pass after death.
- No personal representative can be pending or appointed in any jurisdiction, and the will (if any) must be probated.
- If there is a will, it must be probated before the small-assets affidavit can be used.
Estate and inheritance tax exposure
Virginia no longer has an estate tax or inheritance tax.
- Virginia's estate tax was tied to the federal state death tax credit and was effectively repealed when the credit ended.
- Virginia does not impose an inheritance tax, though limited remainder interests may still be subject to older provisions.
- With no state death tax, tax exposure is primarily federal when the estate exceeds the federal exemption.
Guardianship for minors
Virginia allows parents to appoint guardians for minors by will and gives fit parents priority for custody of the minor's person.
- A parent may appoint a guardian of the person and estate of a minor by will.
- A non-parent guardian of the person does not have custody if a fit parent is living.
- A testamentary guardian must accept the appointment within six months after probate.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
Risk areas
Explore estate risk dimensions in Virginia
Intestacy risk
How assets are distributed when there is no will and state default rules control the outcome.
Probate risk
Court-supervised estate process, timing, cost exposure, and public record requirements.
Tax exposure
State estate or inheritance tax rules and how they interact with federal thresholds.
Guardianship risk
How courts appoint guardians for minors when no plan is in place.
Complexity triggers
Scenarios that increase estate risk, such as blended families or multi-state property.
Common mistakes in Virginia
- Assuming a spouse automatically receives everything under state law.
- Leaving guardianship decisions to the court by default.
- Ignoring probate timelines, creditor notices, or court filings.
- Failing to coordinate beneficiary designations with estate intent.
- Assuming no tax filings are required because the state has no estate or inheritance tax.
Who is most exposed
Higher default risk in Virginia
- Families with minor children or dependents.
- Blended families or second marriages.
- Households with property in more than one state.
- Business owners without succession instructions.
Next: explore planning options in Virginia
EstateRiskIQ does not provide legal advice. We highlight how default outcomes work so you can decide whether to explore professional guidance or planning tools.