VA risk areas
Virginia estate risk areas
These pages explain how default state rules in Virginia shape inheritance, probate, guardianship, taxes, and complexity. Start with the risk area that matches your biggest concern.
How to use this guide
- Read the risk summaries to understand default outcomes.
- Open a risk guide for state-specific details and sources.
- Use this as education, not legal advice.
Intestacy risk
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.
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Probate risk
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.
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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- Virginia's estate tax was tied to the federal state death tax credit and was effectively repealed when the credit ended.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.
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Guardianship risk
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.
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Complexity triggers
Virginia provides a spousal elective share and a family allowance that can override will distributions.
- A surviving spouse may claim an elective share of the augmented estate in lieu of the will’s provisions.
- A family allowance is available to the spouse and minor children during administration.
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