Losing a loved one is a heavy burden, and that weight often grows when there is no will to guide the way. In Virginia, when someone dies without a legal plan, the state’s “intestate succession” laws take over.
Heirs do not get to choose who receives property; instead, Virginia law dictates the distribution through a fixed hierarchy.
Who takes charge when there is no will?
Without an executor named in a will, the court must appoint an administrator. For the first 30 days after the death, the surviving spouse or other heirs (distributees) have the first right to apply for this role.
After that 30-day window, the court clerk may appoint the first distributee who applies. After 60 days, creditors or other parties may apply.
Inheritance hierarchy and statutory allowances
The distribution of assets depends entirely on the decedent’s family structure. If all surviving children are also children of the surviving spouse, the spouse inherits the entire estate.
When the decedent is survived by children from a prior union or a different relationship, the legal division shifts: the surviving spouse’s portion is restricted to one-third of the assets, while a two-thirds majority of the estate is allocated to the children and their descendants.
In the absence of a spouse, the children (or their descendants) inherit the estate in its entirety. To protect family members from creditors, 2026 statutes provide three primary “carve-outs”:
- A family allowance of up to $30,000 for maintenance
- An exempt property allowance of up to $25,000 in personal effects or vehicles
- A homestead allowance of $25,000, which is typically taken in place of an intestate share
To preserve these high-priority protections, claimants must formally elect their allowances within the statutory window, which the 2026 General Assembly recently expanded to one year after the administrator’s qualification.
Procedural deadlines and costs
Administrators must adhere to strict procedural mandates, including sending written notice to heirs within 30 days — unless the heir’s interest falls below $10,000 in value — and filing a formal asset inventory within four months.
Most estates are subject to a state probate tax of 10 cents per $100 for values exceeding $15,000. For smaller estates, Virginia law allows the use of a small estate affidavit if the total probate estate is $75,000 or less and at least 60 days have elapsed since the death.
Because administrators carry personal fiduciary responsibility, adhering to these 2026 procedural mandates is essential to protecting the estate and the individual in charge.
Professional legal guidance can help ensure that you meet all filing requirements and statutory deadlines.
