What happens if you die without a will in Virginia
Virginia has a will ready for everyone who doesn’t write one. If you’re married and every child is also your spouse’s, your spouse gets everything. If you have children from an earlier relationship, your spouse gets a third and the children share two thirds. Set your family below to see your answer. Last checked October 2026.
I’m . I have , .
Showing results for: Married, two children, all with your spouse.
Who inherits
- Your spouseeverything
And for children under 18: no will means no named guardian. If no parent is left, a circuit court chooses.
A will lets you rewrite every line above. The will plan is $2,400 for one person Sample fee.
The order Virginia follows, § 64.2-200
- 1A spouse takes everything, unless there are children who aren’t also the spouse’s. Then one third, and the children share two thirds.
- 2Children and their descendants take everything when there’s no spouse.
- 3Parents or the surviving parent.
- 4Brothers and sisters and their descendants.
- 5Both sides of the family half to the mother’s side and half to the father’s: grandparents, then aunts and uncles, then on up.
- 6A late spouse’s family if no blood relative is left.
- 7The Commonwealth of Virginia if there is no one at all.
How long probate takes, and what it costs
At least six months, because heirs can’t be paid before then. The state probate tax is 10 cents per $100, and estates of $15,000 or less pay none.
- 60 days
- Small estates can skip probate. If the personal property is worth $75,000 or less, heirs can collect it with a sworn affidavit once 60 days have passed.
- Va. Code § 64.2-601
- 4 months
- The inventory is due. The executor or administrator lists everything, valued as of the date of death, within four months of being appointed by the court.
- Va. Code § 64.2-1300
- 6 months
- The earliest a court can approve paying out to heirs, after an accounting and a report of debts.
- Va. Code § 64.2-556
- 10¢ per $100
- Virginia’s probate tax on the estate’s value. Estates of $15,000 or less pay none. A city or county may add up to a third more. Clerk’s fees are separate.
- Va. Code § 58.1-1712, § 58.1-1718
A will doesn’t skip probate in Virginia. A trust can, once your house and accounts are moved into it. That’s the main difference between our two plans. Compare the plans
Questions people ask first
Who inherits if you die without a will in Virginia?
Your spouse gets everything, unless you have children who aren’t also your spouse’s. Then your spouse gets a third and the children share two thirds. With no spouse, your children get everything. After them come your parents, then your brothers and sisters, then relatives on both sides (Va. Code § 64.2-200).
Does an unmarried partner inherit anything without a will?
No. Virginia’s law for people without a will names spouses and blood relatives only. However long you’ve been together, your partner inherits nothing unless a will, a trust or a beneficiary form names them.
How long does probate take in Virginia?
At least six months. A court can’t approve paying heirs until six months after the executor is appointed (§ 64.2-556), and the inventory is due within four months (§ 64.2-1300). If the personal property is worth $75,000 or less, heirs can often skip probate with a sworn affidavit after 60 days (§ 64.2-601).
Is there a probate tax in Virginia?
Yes: 10 cents per $100 of the estate’s value, and estates of $15,000 or less pay none (§ 58.1-1712). A city or county may add up to a third more (§ 58.1-1718). Clerk’s fees are separate.
General information about Virginia law as of October 2026, not legal advice. Your family’s situation may change the answer.
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