Dying without a will is called dying "intestate." When that happens, Virginia's intestacy statutes — not your personal wishes — determine who inherits your estate.
How Intestate Succession Works
Virginia law sets a fixed order of priority for distributing an intestate estate, generally starting with a surviving spouse and children, and moving outward to parents, siblings, and more distant relatives if there is no closer family. The exact split between a surviving spouse and children depends on whether the children are also the surviving spouse's children.
Why This Often Doesn't Match What People Want
Intestacy laws are a general default — they can't account for blended families, unmarried partners, close friends, charitable intentions, or a wish to leave more to one child than another. Unmarried partners, in particular, have no automatic inheritance rights under Virginia intestacy law, regardless of the length or closeness of the relationship.
Guardianship for Minor Children
Without a will, there is no documented guidance on who you'd want to raise your minor children if something happened to you. A Virginia court will decide guardianship without that guidance, based on the child's best interests as the court sees them.
The Probate Process Still Applies
An intestate estate still goes through probate — often with more complexity than an estate with a will, since the court and an administrator must identify and notify all legal heirs under the statute.
The Simple Fix
A validly executed will lets you decide — within the bounds of Virginia law — who receives your assets, who serves as guardian for minor children, and who administers your estate. It replaces the state's default plan with your own.