Revocable vs. Irrevocable Trusts in Virginia: What a Trusts Attorney Wants Charlottesville Families to Know in 2026
Dying without a will in Virginia can have serious and often surprising consequences for your family, and an Estate Planning Lawyer serving Charlottesville, VA, can help you avoid them. Under Virginia law, when a person passes away without a valid will, a set of rules known as intestate succession takes over. Those rules may not reflect your wishes at all. This article explains exactly what Virginia intestacy law means for your loved ones and what you can do to protect them.
What Virginia's Intestacy Laws Actually Do
Virginia's intestacy laws decide who gets your property when you leave no instructions. Dying without a will is known as dying intestate, which means state law determines who inherits your property. The law follows a strict order of priority based on family relationships. It leaves no room for personal preferences, close friendships, or long-term partnerships that fall outside that structure.
Virginia's intestacy process ensures that your property goes to someone connected to you, but it offers no flexibility for personal relationships or unique circumstances. An Estate Planning Lawyer can review your situation and explain exactly how these rules would apply to your family.
Who Inherits Under Virginia Law?
Virginia intestacy law distributes assets in a specific order based on your family situation at the time of death. Here is how it typically works:
▸ Married with children who are also your spouse's children: If the marriage resulted in children with the decedent, the surviving spouse receives the entire estate.
▸ Married with children from a different relationship: If there are any children or descendants from a separate relationship, the spouse receives one-third of the estate and the remaining two-thirds are divided among all children.
▸ No spouse, but children: If no surviving spouse exists, all assets pass to the children and their descendants.
▸ No spouse or children: All assets pass to the deceased's father and mother, or to whichever parent survives.
▸ No immediate family at all: The estate is split evenly among siblings and then passes to more distant relatives you may never have intended to inherit from you.
▸ No heirs at all: If you die without a will and have no surviving heirs at law under Virginia's intestate succession statute, your entire estate goes to the Commonwealth of Virginia.
Unmarried Partners Receive Nothing
Virginia law does not recognize unmarried partners as heirs. It does not matter how long a couple has lived together or how financially intertwined their lives may be. A long-term partner, stepchild, or close friend would not inherit anything unless they are explicitly named in a will. An Estate Planning Lawyer can help you create a legally enforceable plan that protects the people you care about most.
This is a common reality for couples in Charlottesville who have built lives together but never formalized their plans. Without a will, a surviving partner could be left without access to shared property, savings accounts, or a jointly used home.
Both biological and adopted children are entitled to the estate. However, stepchildren and foster children do not have inheritance rights. To inherit, they must be explicitly named in a will. Speaking with an Estate Planning Lawyer about these distinctions can prevent unintended outcomes for your loved ones.
How an Estate Plan Prevents These Outcomes
A Will Puts You in Control
A properly drafted will overrides Virginia's intestacy rules entirely. You choose who receives your assets, who serves as executor, and who cares for minor children. Without one, a judge makes those decisions based on a formula that does not know your family. Working with an Estate Planning Lawyer ensures your will is properly drafted, legally valid, and reflects your actual intentions.
What a Complete Estate Plan Can Include
An estate plan may go well beyond a will alone. Depending on your situation, it can include:
▸ A revocable living trust to manage assets and potentially avoid probate.
▸ Durable powers of attorney to name someone to handle financial decisions if you become incapacitated.
▸ A healthcare directive or living will to document your medical wishes.
▸ Beneficiary designations on retirement accounts and life insurance policies, which pass outside the will regardless of what intestacy law says.
Working with an estate planning attorney on a comprehensive
estate plan means every piece fits together. Assets do not accidentally fall through the cracks into intestacy.
Take the Next Step for Your Family
Skeen Law Offices has helped individuals and families in Charlottesville, VA, create clear, legally sound estate plans since 1988. Letting Virginia's intestacy rules decide your legacy is a risk no family needs to take. A brief conversation with our team can clarify your options and give you peace of mind.
Call us today at
434-293-9664 or visit our
contact page to schedule a consultation. You can also find us and read client feedback on
Skeen Law Offices.
