VA risk area
Intestacy risk in Virginia
How assets are distributed when there is no will and state default rules control the outcome.
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.
At a glance
Key takeaways
- 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.
Questions to consider
Questions this risk area helps you evaluate in Virginia
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
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.
Sources
- https://law.lis.virginia.gov/vacode/title64.2/chapter2/section64.2-200/
- https://law.lis.virginia.gov/vacode/title64.2/chapter2/section64.2-230/
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Virginia.