Intestate Succession in Virginia
State-specific overview · Estate & Probate
Virginia distributes intestate estates to spouses and descendants first, then to parents and siblings.
How Virginia treats Intestate Succession
If the deceased leaves a spouse and children, the spouse receives one-third of the estate and children split the remainder. If there is no spouse, children inherit equally. Virginia follows a standard per stirpes distribution, meaning descendants of a predeceased child inherit that child's share. The state prioritizes lineal descendants and their representatives before moving to collateral heirs like siblings.
The general definition of Intestate Succession
The legal process of distributing a deceased person's property when they leave no valid will.
If someone dies without a will (or with an invalid will), state law determines who inherits their property. Each state has a set order of priority—usually spouse first, then children, then parents, then siblings. The court appoints an administrator to manage the estate and follow these statutory rules, even if the deceased person's wishes were different.
Read the full Intestate Succession entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Virginia.