Do stepchildren or unmarried partners inherit in Virginia?

Under Virginia intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute (Va. Code § 64.2-200). Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners.

What Happens If You Die Without a Will in Virginia?

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This calculator provides general information about intestate succession and is not legal advice. Intestacy laws vary by state and situation. Consult a licensed attorney in your state for guidance specific to your family.

Frequently Asked Questions

Virginia intestacy laws determine who inherits when there is no will. Virginia follows separate property rules. The surviving spouse's share depends on whether children survive and their relationship to the spouse. The order of priority is: surviving spouse, children, parents, siblings, then more distant relatives.

The surviving spouse's share in Virginia depends on family structure. With no children: Entire estate. With shared children: Entire estate (when all children are also children of surviving spouse). When children from a prior relationship survive: One-third of the estate.

Virginia uses the "per stirpes" distribution method. Under this method, each branch of the family receives an equal share, and a deceased child's portion passes to their own descendants. Per stirpes

Virginia requires an heir to survive the decedent by 120 hours to inherit. If an heir dies within this period, they are treated as having predeceased the decedent, and their share passes to the next eligible heirs.

Under Virginia intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute. Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. The Virginia will signing requirements page outlines what is needed to execute a valid will.

Probate costs in Virginia depend on estate size and complexity. Estates valued at $75,000 or less may qualify for a simplified procedure that avoids formal probate. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the Virginia probate cost calculator for a detailed estimate.

Intestacy Laws in Virginia

Virginia intestacy law gives the surviving spouse a share that depends on the family structure. With no children, the spouse receives Entire estate. When shared children survive, the share changes to Entire estate (when all children are also children of surviving spouse).

Assets passing to children and descendants in Virginia are divided by Per stirpes. The state also imposes a 120 hours survival requirement, meaning an heir who dies within that window is treated as having predeceased the decedent.

Intestate estates in Virginia valued under $75,000 may qualify for a simplified transfer procedure that avoids formal probate. Use the Virginia probate calculator to estimate costs for larger estates.

A revocable living trust overrides Virginia intestacy law and bypasses probate. Assets in the trust transfer privately to named beneficiaries without the delays, costs, or public exposure of the probate process.

SimplyTrust Editorial·Updated July 15, 2026

Legal Sources

Data sourced from Virginia statutes and official state code. How we research.

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