What Happens if You Die Without a Will in Virginia?
No one likes to think about death, but preparing for it is one of the most caring acts you can do for your loved ones. Losing a family member is already emotionally overwhelming — but when someone passes away without a will or clear instructions about their property or wishes, it can leave relatives uncertain, confused, and sometimes divided.
At Ryland & Merchak, PC, we often meet families who are struggling to understand their legal rights regarding probate and estate planning. If you’re wondering what could happen to your estate without a will, or you’re ready to take steps to protect your family’s future, reach out to us today. We’ll help you put the right legal documents in place, so your wishes are honored.
What It Means to Die “Intestate”
When someone dies without a valid will, it’s called dying intestate. In these cases, Virginia’s intestacy laws determine how property is distributed among surviving relatives. The courts follow a fixed legal formula to decide who inherits what—regardless of the deceased person’s verbal wishes or family dynamics.
That means the law, not your loved ones, controls how your assets are divided. The result might differ from what you would’ve wanted, especially if you have a blended family, stepchildren, or close friends you’d hoped to include.
How Property Is Distributed Under Virginia’s Intestate Succession Laws
Virginia’s intestacy laws are set out in Title 64.2, Chapter 2 of the Virginia Code. These laws prioritize spouses and close blood relatives. The state divides assets based on family relationships, starting with your closest relatives and extending outward.
Here’s how the process generally works:
If you have a spouse but no children: Your surviving spouse inherits your entire estate.
If you have a spouse and children (all with that spouse): Your spouse also inherits everything.
If you have a spouse and children from another relationship: Your spouse receives one-third of your estate, and your children share the remaining two-thirds.
If you have children but no spouse: Your children inherit your entire estate in equal shares.
If you have no spouse or children: Your estate passes to your parents, then to siblings, and so on through your extended family.
If no relatives can be found: The estate eventually goes to the Commonwealth of Virginia through a process called escheat.
Virginia’s system tries to be fair, but it’s a one-size-fits-all approach. Without a will, your unique circumstances—like supporting a partner, stepchild, or charitable cause—aren’t considered.
What Property Is Affected by Intestate Laws
Not every asset goes through intestate distribution. Some property transfers automatically based on how it’s titled or the beneficiary designations you’ve set up.
Assets that pass through intestate succession include:
Real estate held solely in your name.
Personal property (vehicles, jewelry, household items).
Bank accounts in your name alone.
Investments without a named beneficiary.
Assets that do not go through intestate succession include:
Life insurance policies with designated beneficiaries.
Retirement accounts (like IRAs or 401(k)s) with beneficiaries.
Jointly owned property with rights of survivorship.
Trust assets.
Understanding which assets are affected helps families know what to expect during estate settlement. However, without a will to clarify these details, confusion and delays are common. An experienced attorney can help create a will.
The Probate Process Without a Will
Probate is the court-supervised process of distributing a person’s estate after death. When there’s no will, probate is still required—but it’s typically more complicated and time-consuming.
Here’s what happens:
The court appoints an administrator.
Since there’s no named executor, the court selects someone—usually a surviving spouse or next of kin—to serve as the estate administrator.The administrator collects and values assets.
This includes real estate, accounts, and personal property owned by the deceased.Debts and taxes are paid.
Creditors are notified, and valid debts must be paid before assets can be distributed.Assets are distributed according to Virginia law.
The administrator follows intestate succession rules to determine heirs.
Probate can take several months—or even years—depending on the estate’s size and whether disputes arise. With a valid will, much of this process can be simplified or even avoided through proper estate planning.
Challenges Families Face When There’s No Will
When a loved one dies intestate, emotions often run high. The lack of clear direction can lead to tension, misunderstandings, and even legal disputes.
Here are some of the most common challenges families face:
Disagreements among heirs: Without written instructions, relatives may disagree about what the deceased would have wanted.
Blended family conflicts: Stepchildren or unmarried partners may be left out entirely under Virginia’s intestate laws.
Unintended outcomes: Assets may go to distant relatives instead of close friends or charitable organizations.
Delays in access to funds: Family members may struggle to access bank accounts or property while probate is ongoing.
Additional legal costs: The more complicated the family situation, the higher the legal expenses can become.
By contrast, having a will provides direction and clarity, helping families move forward with fewer conflicts.
What Happens to Minor Children Without a Will
If you’re a parent, one of the most critical reasons to have a will is to name a guardian for your minor children. When a parent dies without a will, the court must appoint someone to care for the children.
While Virginia courts strive to choose a responsible relative, they might not pick the person you would have wanted. Without written instructions, relatives could even end up in disagreement about who should take custody.
Having a will gives you control over this important decision. It also allows you to specify how your children’s inheritance should be managed until they’re old enough to handle it responsibly.
What Happens to Unmarried Partners and Stepchildren
Many families in Virginia include long-term partners, stepchildren, or blended relationships that the intestate laws don’t automatically recognize.
If you die without a will:
Unmarried partners have no legal right to inherit, regardless of how long you’ve been together.
Stepchildren do not inherit automatically unless you’ve legally adopted them.
Close friends or caregivers you might wish to include are excluded entirely.
Creating a will allows you to recognize these relationships and distribute property according to your personal values—not just state law.
How Property Is Handled for Unmarried Individuals
When an unmarried person without children dies without a will, the estate still goes through Virginia’s intestacy process. The court looks to other relatives in a specific order:
Parents.
Siblings.
Nieces and nephews.
Extended relatives such as grandparents, aunts, uncles, or cousins.
If no relatives can be found, the state receives the estate. This process highlights why estate planning is important even if you’re single—because it allows you to choose who benefits from your hard work.
Tax and Debt Considerations
Dying without a will doesn’t eliminate your financial responsibilities. Before heirs can receive anything, your estate must pay outstanding debts, taxes, and final expenses.
Common obligations include:
Credit card balances.
Medical bills.
Mortgage payments.
Final income taxes.
Funeral and burial expenses.
If the estate lacks sufficient funds, some assets may need to be sold to satisfy debts. Having a will helps prevent confusion by designating which assets should be used to cover these costs and which should be preserved for loved ones.
The Importance of Estate Planning Documents
A will is just one part of a solid estate plan. To fully protect your family, it’s often wise to have a few additional documents in place.
Key documents to consider:
Last Will and Testament: Outlines how you want your assets distributed and names guardians for minor children.
Living Trust: Helps manage assets during your lifetime and can allow certain property to pass outside of probate.
Power of Attorney: Authorizes someone to make financial or legal decisions if you’re unable to do so.
Advance Medical Directive: States your healthcare preferences and names someone to make medical decisions on your behalf.
Together, these documents give you control, reduce stress for your family, and make it easier for them to carry out your wishes.
Why It’s Risky to Rely on Intestate Laws
Some people assume that Virginia’s intestate laws will “take care of everything.” But relying on the state’s formula can create significant issues.
Here’s why:
Your personal relationships may not align with legal definitions. The people closest to you might not be recognized as heirs.
Distribution may not reflect your wishes. Without a will, sentimental items or family heirlooms may be divided unpredictably.
The process can delay financial access. Spouses and children may face months of waiting before receiving needed funds.
You lose control over key decisions. From guardianship to charitable giving, intestate laws remove your say in what happens after your death.
Creating a will allows you to make these choices yourself—on your own terms.
How We Help Families Plan Ahead
At Ryland & Merchak, PC, we believe estate planning is about more than just documents—it’s about protecting your family’s future. We help clients understand their options, explain Virginia’s intestacy laws clearly, and create tailored plans that fit their goals.
We work with families to:
Draft legally sound wills that reflect their wishes.
Create trusts for more efficient asset distribution.
Name guardians for minor children.
Plan for medical and financial decisions through powers of attorney and advance directives.
Review and update existing plans to keep them current with life changes.
By planning ahead, you can help your loved ones avoid unnecessary stress and uncertainty during a difficult time.
Contact a Knowledgeable Estate Planning Lawyer
Losing control over how your assets are distributed can leave your family vulnerable to confusion and conflict. Fortunately, it’s never too late to take action. A well-prepared will allows you to make your wishes known, protect your loved ones, and provide peace of mind for years to come.
Based in Woodbridge, Virginia, our attorneys, William M. Ryland and Sally Hook Merchak, help individuals and families throughout Northern Virginia—including Prince William County, Stafford County, and Fairfax County. We’ll take the time to listen to your concerns, explain your options, and create documents that protect your family’s future.
Don’t leave your legacy to chance. Reach out to Ryland & Merchak, PC today to schedule a consultation and start planning for what matters most.
