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Intestate Succession Laws in Virginia: What You Need to Know

Intestate Succession Laws in Virginia: What You Need to Know

At Commonwealth Life & Legacy Counsel, we’ve spent years guiding families across Central Virginia in protecting their legacies. Whether it’s through wills, trusts, or other estate planning tools, our goal is to help you make the best-informed decisions for the future.

Today, we’re going to look at a topic that many overlook: intestate succession. What happens to your estate if you pass away without a valid will in Virginia? Understanding what happens in this situation is essential if you want to avoid unexpected surprises for your family and ensure their best interests are protected.

What Is Intestacy?

Intestacy is the legal term for dying without a valid will. In Virginia, if you don’t leave a will, the state has a specific set of laws that determine how your property is divided among your surviving relatives. This process is far from one-size-fits-all and can sometimes lead to results you might not have anticipated.

Even if you have a will, parts of your estate may still be affected by intestate succession if certain assets are left out or improperly titled. For example, assets held in your sole name or those without a designated beneficiary might pass through Virginia’s laws of intestacy.

The Probate Process in Virginia

Probate is the court-supervised process of distributing a person’s estate after their passing. For intestate estates, probate can be more complex. Here’s an overview of how it works:

Appointing an Administrator

If someone passes away without a valid will, the court appoints an administrator to handle the estate. This person oversees the distribution of assets and settles debts.

Inventorying Assets

The administrator creates a detailed list of the deceased’s property, including real estate, bank accounts, and personal belongings.

Paying Debts and Taxes

Before heirs can inherit, the estate must pay any outstanding debts and taxes.

Distributing Property

After debts are cleared, the remaining assets are distributed to heirs according to Virginia’s intestacy laws.

Potential Challenges: Intestate estates can face delays or disputes, particularly if the family disagrees on who should inherit or how the estate is managed.

Who Inherits in Virginia?

Virginia law has a specific order of inheritance, which applies when someone dies without a will. Let’s break it down:

1. Spouse

If the deceased has a surviving spouse and children from the marriage, the spouse inherits the entire estate. However, if there are children from a previous relationship, the spouse receives one-third, and the remaining two-thirds go to the deceased’s children.

2. Children

If there is no spouse, the children inherit the entire estate equally.

3. Parents

If there is no spouse and no children, the estate goes to the deceased’s parents.

4. Siblings

If the deceased has no living parents, the estate is distributed equally among the deceased’s siblings.

Additional Concerns:

  • 120-Hour Rule: An heir must survive the deceased by at least 120 hours to inherit.
  • Half-Relatives: Half-siblings are treated the same as full siblings.
  • Adopted and Posthumous Children: Adopted children have the same rights as biological children, and children born after a parent’s death can also inherit.

Why a Will is Essential in Virginia

While the goal of intestate succession laws is to distribute assets fairly, they may not reflect your personal wishes. Creating a will ensures that you maintain control over your estate. Here’s how:

Choosing Beneficiaries

You decide who inherits your assets, whether it’s family, friends, or charitable organizations.

Avoiding Family Conflicts

A clear plan reduces misunderstandings and potential disputes among your loved ones.

Naming Guardians for Minor Children

A will allows you to appoint someone you trust to care for your children if you’re no longer there.

Specifying Funeral Arrangements

You can outline your preferences for funeral or burial arrangements, easing the burden on your family.

Naming an Executor

You can choose someone you trust to manage your estate, rather than leaving the decision to the court.

Simultaneous Death Scenarios

If two people die at the same time (e.g., in an accident), intestacy laws determine how their estates are handled. Often, assets are treated as though each person survived the other. Having a will allows you to determine what happens to your estate in the case of simultaneous deaths.

Additional Benefits:

  • Minimizing Estate Taxes: Proper planning can help reduce the tax burden on your heirs.
  • Blended Families: A will ensures that stepchildren or non-traditional relationships are accounted for.

Common Misconceptions About Intestate Succession

Everything Automatically Goes to My Spouse

This isn’t always true, especially in blended families or when children from previous relationships are involved.

My Stepchildren Will Be Covered

Stepchildren don’t inherit under intestacy unless they’ve been legally adopted.

Digital Assets Are Included

Virginia’s intestacy laws don’t address digital assets like social media accounts or cryptocurrency. Including these in an estate plan is essential.

Plan for Your Family’s Future

Intestate succession could leave your family with uncertainty and unexpected challenges. The good news is you don’t have to leave anything to chance.

At Commonwealth Life & Legacy Counsel, we’re here to help you create a plan that reflects your wishes and protects your loved ones. From drafting wills to setting up trusts, we guide families across Fluvanna, Charlottesville, and beyond through every step of the process.

Call us today at (804) 598-1348 or visit our Contact Us page to schedule a consultation. Let’s work together to secure your family’s future.