How Estates Are Settled in Virginia When There Is No Will

When someone passes without a will in Virginia, the estate is settled under the Commonwealth’s intestacy laws. The term “Intestate” means there is no will directing who is in charge or who inherits, so the law supplies a default plan based on legal relationships. For families, that can add paperwork and tension at a moment that’s already difficult, which is why many people involve an estate administration lawyer early to keep the process organized and on track.

What Changes When There is No Will?

A will typically names an executor and provides instructions for distribution. Without one, the court appoints an administrator and distributes the estate under Virginia’s intestacy statute. The administrator’s job is less about personal preferences and more about compliance: identify probate assets, pay valid expenses and debts, complete filings, and distribute what remains to the correct heirs under the law.

Who is in Charge: The Administrator

In an intestate estate, there is no executor. Instead, an eligible person, often a spouse or close family member, petitions to qualify as the administrator through the Clerk of the Circuit Court in the appropriate locality. The administrator’s authority begins after qualification, and the administrator is responsible for the required notices and filings that follow.

This role comes with real responsibility. Deadlines matter, documentation matters, and distributing too early or incorrectly can create problems later. For that reason, families often work with an estate lawyer to confirm what assets are probate assets, who the heirs are under the statute, and what must be filed with the Commissioner of Accounts.

Who Inherits Under Virginia Intestacy Rules?

Virginia law uses a hierarchy. The short version is that spouses and children are prioritized first, then parents, then siblings, then more distant relatives:

• Surviving spouse, no children from outside the marriage: the spouse inherits the estate.
• Surviving spouse and children, where at least one child is not also the spouse’s child: the spouse inherits one-third, and the children inherit two-thirds (divided among them).
• No surviving spouse: the estate passes to the children and their descendants.
• No spouse and no children: the estate passes to the parents, and if the parents are not living, then to the siblings and their descendants.

People who are close to the decedent in real life can still be excluded under this framework. Unmarried partners and stepchildren who were never legally adopted are common examples. If the decedent truly has no recognized heirs, the property can ultimately escheat to the Commonwealth, highlighting why estate planning documents should be reviewed regularly.

What Counts as a Probate Asset?

Not everything goes through probate, even when there is no will. Some property transfers are outside of the estate due to a built-in transfer mechanism. Common examples include life insurance, financial accounts, or real property with a named payable on death beneficiary, retirement accounts with beneficiary designations, and jointly held accounts or real estate with survivorship features. The intestacy statute mainly governs what is left in the probate estate.

Sorting probate versus non-probate assets is a practical turning point in most cases. It affects what the administrator needs authority to collect, what must be valued, and what the court and Commissioner of Accounts will expect to see.

The Timeline: Key Filings and Deadlines

Once the administrator qualifies, Virginia imposes a structured reporting process. Two deadlines drive most of the early work:

• Inventory: generally due within four months of qualification.
• First accounting: the first estate accounting is generally due 16 months after qualification and covers activity during the first 12 months.

During this period, the administrator collects and values probate assets, settles estate expenses, files final income tax returns for the decedent and the estate, pays any taxes owed, resolves valid debts, and maintains thorough accounting records.

Small Estates: When Full Administration May Not be Necessary

Virginia has a “Small Estate Act” process that can allow the collection of certain personal probate assets without full qualification, depending on the size and structure of the estate. Under Virginia law, the small-estate affidavit pathway generally applies when the decedent’s entire probate estate does not exceed $75,000, at least 60 days have passed since the decedent’s death, and no personal representative has been appointed.

Even when the law allows an affidavit process, financial institutions may have their own internal requirements, and not every asset fits neatly into a single shortcut. This is one of the spots where an estate settlement lawyer in Virginia can save time by confirming which route is appropriate and what documentation will actually be accepted.

When Legal Guidance Can Make This Easier

Intestate estates can be straightforward on paper and still become complicated in practice, especially with blended or dysfunctional families, unclear asset ownership, disputed heirship, or time-sensitive real estate decisions. An estate administration lawyer can help the administrator stay compliant with filing requirements, confirm the correct heirs and shares, and avoid preventable delays with the Commissioner of Accounts.

If you are navigating an intestate estate in Virginia, having experienced guidance can make the process clearer and more manageable. Hook Law’s estate administration team – including 2026 Top Lawyers honorees Edna Colucci, Mason T. Smith, Rachel Snead, and Allison M. Emborski in Wills, Trusts, and Estates – works with administrators and families to keep estates organized, compliant, and on track. Whether you are qualifying as an administrator or simply need clarity about your role as an heir, thoughtful legal guidance can help you move forward with confidence during a difficult time.