About Virginia,
Virginia intestacy gives the spouse the entire estate unless the decedent had non‑joint children, in which case the spouse’s share is one‑third. The elective share is 50% of the marital‑property portion of the augmented estate, with a six‑month deadline after probate/qualification.
Virginia follows common law (equitable distribution) for property classification. This means assets are not automatically split equally -- ownership depends on title, and probate distribution follows intestate statutes or the will.
Without a will, Virginia intestate law (Va. Code § 64.2-200) determines your share. The small-estate threshold is $75,000 for personal property. (Va. Code § 64.2-601), and typical probate takes 6-12 months, but can be longer for complex estates..
Virginia does not impose a state estate tax or inheritance tax, so your exposure is limited to federal estate tax rules if applicable.
Property & Intestate Rules
How Virginia classifies marital property and what a surviving spouse typically receives if there is no will.
How Virginia Classifies Marital Property
Common Law (Equitable Distribution) state. (Va. Code Ann. § 20-107.3)
What a Surviving Spouse Typically Receives
| Scenario | Typical Spousal Share |
|---|---|
| No children | Entire estate. |
| Children from marriage | Entire estate if all children are also the children of the surviving spouse. |
| Children from prior relationship | One-third of the estate if the deceased has children from a prior relationship. |
The elective share is a percentage of the marital property portion of the augmented estate, based on the length of the marriage. The percentage is 50% for marriages of 15 years or more, and is calculated as 3% per year for marriages less than 15 years. (Va. Code § 64.2-308.4).
Deadline to File
- Virginia filing window
- Within 6 months from the later of the admission of the will to probate or the qualification of an administrator on the decedent's intestate estate. (Va. Code § 64.2-302)
Home Protections for Surviving Spouses
A homestead allowance of $25,000 is available to the surviving spouse. This allowance has priority over most claims against the estate. The surviving spouse may also be able to remain in the principal family residence for a period of time. (Va. Code § 64.2-311)
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Create a Memorial SongProbate, Taxes & Deadlines
What qualifies for small-estate handling, how long probate often takes, and whether state tax systems apply.
| Field | Details |
|---|---|
| Small-estate threshold | $75,000 for personal property. (Va. Code § 64.2-601) |
| Typical probate timeline | 6-12 months, but can be longer for complex estates. |
| State estate tax | No |
| State inheritance tax | No |
| Tax notes | Virginia does not have a state estate tax or an inheritance tax. |
Deadlines You Cannot Afford to Miss
Virginia-Specific Rules
Virginia has a state and local probate tax based on the value of the estate. The concept of the 'augmented estate' is used to calculate the elective share, which is a complex calculation including property transferred to third parties. Dower and curtesy have been abolished.
Virginia Legal Help Resources
Sources used to verify this guide, plus starting points for legal aid, court self-help, and local attorney referrals.
Source-backed review
Legal sources checked for Virginia
Reviewed August 16, 2026. These references were used to check key state-specific inheritance, allowance, deadline, or probate details in this guide.
Need the full 50-state overview first? Visit the State-by-State Survivor Benefits Guide hub page.
Frequently Asked Questions
Common legal questions widows ask in Virginia.
- Is Virginia a community property state?
- Virginia is classified as Common Law (Equitable Distribution). Common Law (Equitable Distribution) state. (Va. Code Ann. § 20-107.3)
- What does a surviving spouse inherit without a will in Virginia?
- No children: Entire estate. With children: Entire estate if all children are also the children of the surviving spouse. Stepchildren or children from a prior relationship: One-third of the estate if the deceased has children from a prior relationship.
- What is the elective share right in Virginia?
- The elective share is a percentage of the marital property portion of the augmented estate, based on the length of the marriage. The percentage is 50% for marriages of 15 years or more, and is calculated as 3% per year for marriages less than 15 years. (Va. Code § 64.2-308.4). Deadline: Within 6 months from the later of the admission of the will to probate or the qualification of an administrator on the decedent's intestate estate. (Va. Code § 64.2-302)
- What is the small-estate threshold in Virginia?
- $75,000 for personal property. (Va. Code § 64.2-601). Typical probate timeline: 6-12 months, but can be longer for complex estates.
- Does Virginia have estate tax or inheritance tax?
- Estate tax: No. Inheritance tax: No. Virginia does not have a state estate tax or an inheritance tax.
- What deadlines matter most for widows in Virginia?
- Elective share claim: 6 months from probate admission or administrator qualification; Homestead, family, and exempt property allowances claim: 1 year from decedent's death; Probate filing: No strict deadline, but recommended within 30 days of death.
- What is the elective‑share deadline in VA?
- Generally 6 months after the will is admitted to probate or the personal representative qualifies, per § 64.2‑308.12.
Legal Disclaimer
This guide is informational only and not legal advice. Laws and threshold amounts can change. Confirm your situation with a licensed estate attorney in Virginia.
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