What Happens If You Die Without a Will in Virginia?
Without a will in Virginia, a surviving spouse takes the entire estateVa. Code § 64.2-200Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita with representationVa. Code § 64.2-202Verified Sep 10, 2026View source.
Virginia intestacy law decides. Virginia follows separate property rulesVa. Code § 64.2-200Verified Sep 10, 2026View source: the surviving spouse's share depends on whether children survive and whose children they are. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents; Siblings and their descendants; Grandparents (each parent's side takes half); Uncles and aunts and their descendants; Great-grandparents; Siblings of the grandparents and their descendants; More remote lineal ancestors and their descendants; Kindred of your most recent spouse; The Commonwealth (escheat)Va. Code § 64.2-200Verified Sep 10, 2026View source.
The surviving spouse's share in Virginia depends on the family. With no children: Entire estateVa. Code § 64.2-200Verified Sep 10, 2026View source. With shared children: Entire estate (when all children are also children of surviving spouse)Va. Code § 64.2-200Verified Sep 10, 2026View source. When a child from a prior relationship survives: One-third of the estateVa. Code § 64.2-200Verified Sep 10, 2026View source.
Virginia divides per capita with representationVa. Code § 64.2-202Verified Sep 10, 2026View source: shares are set at the nearest generation with a surviving heir, heirs of equal degree take equal shares, and a deceased heir's share passes to that heir's own descendants. Virginia divides the estate into equal shares at the closest degree of kinship in which an heir survives; one share passes to each surviving heir of that degree, and one share passes per stirpes to the descendants of any person of that same degree who died leaving descendants. Collaterals of the half blood inherit only half as much as those of the whole blood.
Virginia requires an heir to survive the decedent by 120 hoursVa. Code § 64.2-2201Verified Sep 10, 2026View source to inherit; an heir who dies within that period is treated as having died first, and the share passes to the next eligible heir.
Under Virginia intestacy law, a stepchild or an unmarried partner does not inherit unless adopted or recognized by statute. A stepchild can inherit in Virginia only as kindred of the decedent's most recent spouse: if there are no kindred of either of the decedent's parents, the whole estate passes to the kindred of that spouse — provided the decedent and the spouse were married at the time of the spouse's death — ahead of any escheat to the CommonwealthVa. Code § 64.2-200(B)Verified Sep 10, 2026View source. Outside those situations, a will or trust is how a stepchild or an unmarried partner is provided for. The Virginia will signing requirements set out what a valid will takes.
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Learn moreForms for Planning and Settling an Estate in Virginia
Free Virginia forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Petition for Probate and Letters
In Virginia, the petition asks the Circuit Court to appoint the personal representative, whose authority is proved by Certificate of Qualification; every appointment goes through the court.
Notice to Creditors
In Virginia, creditors have 6 monthsVa. Code §§ 64.2-554, 64.2-556(A) (six months from qualification before distribution may be compelled or ordered over creditors), 64.2-508.1(C)(4) (elective published notice: claims due at least six months from first publication); § 64.2-529 (separate 12-month personal-liability shield for the personal representative); § 64.2-550 (debts-and-demands hearing before the commissioner of accounts)Verified Sep 9, 2026View source from first publication to present claims.
Renunciation of Executor
In Virginia, a person named as executor may refuse the appointmentForm CC-1608, Waiver of Qualification (MASTER 11/16); Va. Code § 64.2-500(A)Verified Sep 23, 2026View source before anyone is appointed.
Small Estate Affidavit
In Virginia, the Small Estate AffidavitVa. Code § 64.2-600Verified Sep 9, 2026View source covers estates with personal property of $75,000Va. Code § 64.2-600Verified Sep 9, 2026View source or less, 60 daysVa. Code § 64.2-600Verified Sep 9, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Virginia, the personal representative files the estate inventory within 120 daysVa. Code § 64.2-1300Verified Sep 15, 2026View source of appointment.
Estate Closing
In Virginia, the personal representative is discharged automatically once the statutory period runsVa. Code §§ 64.2-1212, 64.2-1213Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In Virginia, a will is signed before 2Va. Code § 64.2-403Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyVa. Code § 64.2-403Verified Oct 19, 2026View source.
Tools for Planning and Settling an Estate in Virginia
Free calculators and checklists for planning or settling an estate in Virginia: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Does Probate Cost?
Probate on a $500,000 estate in Virginia costs an estimated $29,411Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage)Verified Sep 9, 2026View source. Attorney fees run 2.5%Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage)Verified Sep 9, 2026View source to 3.9%Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage)Verified Sep 9, 2026View source of the estate under a reasonable-compensation standard.
What Are the Burial and Cremation Laws in My State?
Virginia allows you to name your own agent in advanceVa. Code Ann. § 54.1-2825Verified Oct 17, 2026View source, and that designation takes priority over the order of next of kin who otherwise control disposition of the remains.
How Much Are Estate & Inheritance Taxes?
Virginia levies no estate or inheritance taxNo operative state estate or inheritance tax. Virginia's pick-up estate tax (Va. Code § 58.1-902) remains on the books but imposes "a tax in the amount of the federal credit," and the federal IRC § 2011 state death tax credit has been zero since 2005; the 1978 floor in the § 58.1-901 definition was deleted by 2006 Acts of Assembly Sp. Sess. I, cc. 4 and 5, effective for estates of persons who die on or after July 1, 2007. The separate inheritance tax was repealed effective January 1, 1980, except for remainder interests on which the tax was postponed under former Va. Code § 58-173 (VA Tax PD 15-93).Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Virginia imposes no inheritance or estate taxNo operative state estate or inheritance tax. Virginia's pick-up estate tax (Va. Code § 58.1-902) remains on the books but imposes "a tax in the amount of the federal credit," and the federal IRC § 2011 state death tax credit has been zero since 2005; the 1978 floor in the § 58.1-901 definition was deleted by 2006 Acts of Assembly Sp. Sess. I, cc. 4 and 5, effective for estates of persons who die on or after July 1, 2007. The separate inheritance tax was repealed effective January 1, 1980, except for remainder interests on which the tax was postponed under former Va. Code § 58-173 (VA Tax PD 15-93).Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Virginia take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular ratesVa. Code § 58.1-320 (imposition of tax on individuals; graduated rate schedule)Verified Sep 15, 2026View source.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Virginia costs an estimated $29,411Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage)Verified Sep 9, 2026View source and takes 6 months to 9 months for a simple estate, with attorney fees of typically 2.5%Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage)Verified Sep 9, 2026View source to 3.9%Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage)Verified Sep 9, 2026View source of the estate. Estates under $75,000Va. Code § 64.2-600Verified Sep 9, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
Virginia pays executors reasonable compensationVa. Code § 64.2-1208(A) (commissioner of accounts allows reasonable compensation; no statutory percentage)Verified Sep 9, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 9, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 9, 2026View source of the estate.
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Virginia Estate Planning Resources
In-depth guides covering Virginia probate laws, trust requirements, and estate planning strategies.