Who Inherits If You Die Without a Will in Virginia

Surviving spouse: the entire estate, unless the decedent left children or their descendants who are not also the surviving spouse's children or descendants; in that case the spouse takes one-third and the decedent's children and their descendants take two-thirds. With no surviving spouse, the estate passes to children and their descendants; if none, to parents; if none, to brothers and sisters and their descendants; if none, half to the relatives of each parent (grandparents, then aunts and uncles and their descendants, then great-grandparents, and so on). If no relatives on either side survive, the estate passes to the relatives of the decedent's most recent spouse (if married at that spouse's death); otherwise real estate escheats and personal property goes to the Commonwealth. Relatives of the half blood take half as much as those of the whole blood.

For decedents dying on or after January 1, 2017, a surviving spouse of a Virginia domiciliary may elect to take 50% of the marital-property portion of the augmented estate. The marital-property portion rises with the length of the marriage, from 3% for a marriage of less than 1 year to 100% for 15 years or more. The election must be made within six months after the later of the will's admission to probate or the qualification of an administrator, by a writing recorded in the court or clerk's office (acknowledged or proved as for recording a deed); a complaint to determine the share must then be filed within six months after the election. The family allowance, exempt property and homestead allowance are in addition to the elective share. Virginia is not a community property state.

Yes. If the decedent's entire personal probate estate is worth no more than $75,000, anyone holding a small asset (a bank, brokerage or credit union account, security, refund, tangible personal property, or debt owed to the decedent, but not real estate) must pay or deliver it to the designated successor who presents an affidavit signed by all known successors stating, among other things, that at least 60 days have passed since death, that no personal representative has been appointed or applied for, and that any will has been probated. The affidavit must be on the form prepared by the Office of the Executive Secretary of the Supreme Court of Virginia (Form CC-1685), and each signature is notarized; it is presented to the asset holder rather than filed in court. A holder may also pay a small asset worth $35,000 or less to a successor without an affidavit after 60 days if no personal representative has been appointed or applied for.