Virginia Intestacy Laws: Who Inherits When There Is No Will?

Virginia Intestate Succession (Code § 64.2-200 et seq.)

When a Virginia resident dies without a valid will, their probate estate passes as follows:

1. Surviving Spouse + Descendants

• Spouse + all descendants are also spouse's descendants → spouse inherits entire estate.
• Spouse + descendants not all spouse's → spouse gets 1/3; descendants share 2/3.

2. Surviving Spouse, No Descendants

• Spouse inherits entire estate.

3. No Surviving Spouse

Estate passes to:

1. Descendants (children, grandchildren per stirpes).
2. Parents (equally, or survivor takes all).
3. Siblings (or their descendants per stirpes).
4. Grandparents (or their descendants).
5. Nearest kin (by degree of consanguinity).
6. Commonwealth of Virginia (escheat) if no kin found.

Your Scenario

Only surviving child of mother + you have an adult daughter → your daughter inherits your mother's estate (as your descendant, per stirpes).

Key Definitions

• Per stirpes: By representation; each branch of family shares equally.
• Non-probate assets: Joint tenancy, POD/TOD accounts, life insurance, retirement plans pass outside intestacy.

Recommendation

Create a will to control distribution, name guardians for minors, and simplify administration.