What does it mean to die intestate in Virginia?

Dying intestate means passing away without a valid will. Virginia’s intestacy statutes determine who inherits your property and who may administer the estate.

Who inherits if my loved one dies without a will in Leesburg?

Distribution follows Virginia law: typically a spouse and biological children share the estate depending on family structure. If no spouse or children, it passes to parents, siblings, or other relatives.

Do stepchildren or unmarried partners inherit under intestacy?

No. Stepchildren and unmarried partners are not heirs under Virginia intestacy unless named in a will or trust, or stepchildren are legally adopted.

How does intestacy affect blended families in Leesburg?

Assets may be split between a surviving spouse and children from prior relationships, creating co-ownership, delays, and potential conflict over homes or savings.

Will the estate have to go through probate without a will?

Usually yes. The court appoints an administrator, requires notices to heirs and creditors, and oversees inventories and accountings before distributions.

Are probate records public in Loudoun County?

Yes. Many filings become public record, meaning estate values, heirs, and distributions may be viewable by others.

What problems can intestacy create for the family home?

Heirs may become co-owners. If they disagree about selling or keeping the property, it can lead to disputes, delays, or a forced sale.

How long can an intestate probate take in Leesburg?

Timelines vary by complexity and disputes, but many estates take several months to a year or more to complete.

How can families reduce conflict when there is no will?

Use clear communication, keep detailed records, consider mediation for disputes, and work with an experienced probate attorney to follow required procedures.

What documents prevent intestacy problems in the future?

A Last Will and Testament, a revocable living trust, updated beneficiary designations, a durable financial power of attorney, and an advance medical directive.

Does creating a trust help my family avoid public probate?

Yes. Properly funded revocable living trusts transfer assets privately, often bypassing probate and preserving family privacy.

Can Shin Law Office help Leesburg families facing intestacy?

Yes. Shin Law Office of Leesburg guides families through intestate probate and designs tailored wills and trusts to prevent future issues and protect loved ones.

Estate Planning & Probate Loudoun County Wills & Trusts

Leesburg – What Happens When a Loved One Dies Without a Will?

by ShinLaw

By Adam L. Engel, Esq. | Estate & Probate Attorney | Shin Law Office

Leesburg VA Intestacy | What Happens Without a Will in Virginia

The passing of a loved one is hard enough.

But when someone in Leesburg dies without a will, families are often blindsided by a harsh reality: Virginia’s intestacy laws decide what happens next, not the person who passed, not the family, and not common sense.

For many, this leads to outcomes no one expected, and sometimes, no one wanted.

The Silent Judge: Virginia’s Intestacy Laws

When a person dies without a will (intestate), Virginia law steps in as the decision-maker.

The law sets a strict formula for dividing property, and it doesn’t care about personal relationships, promises made at the dinner table, or who sacrificed to care for the person in their final years.

Married with only mutual children: The spouse inherits everything.
Married with children from another relationship: The spouse inherits one-third, and the children share two-thirds.
Unmarried with children: The children inherit equally.
No spouse or children: Parents, siblings, or more distant relatives inherit—even if you were closer to someone else.
Stepchildren and unmarried partners: They inherit nothing unless legally adopted or named through estate planning.

A Leesburg Story (For Illustration Purposes Only)

A Leesburg resident passes away suddenly.

She was remarried, with two children from her first marriage and one with her current husband.

Because she never created a will, the law splits her estate: one-third to her husband, two-thirds to her three children.

The husband suddenly co-owns the family home with children who want to sell.

Tensions rise.

The family spends months in probate court, burning through savings on legal fees.

What should have been a legacy of love becomes a bitter fight.

This story isn’t rare; it’s the default outcome when there’s no will.

Why Intestacy Hurts Families

Loss of Control – Families have no say in how assets are divided.
Increased Conflict – Joint ownership of homes, land, or businesses can tear families apart.
Higher Costs – Probate in Loudoun County becomes longer and more expensive without clear instructions.
Unintended Exclusions – Stepchildren, unmarried partners, and close friends are left with nothing.
Strain on Grieving Families – Instead of mourning in peace, loved ones are dragged into courtrooms and disputes.

Estate Planning Changes the Story

The tragedy isn’t that Virginia has intestacy laws—it’s that so many families rely on them instead of planning.

A few simple documents can prevent heartache:

A Last Will and Testament – Names heirs, appoints guardians, and prevents the state from deciding for you.
Revocable Living Trust – Keeps matters private and helps families avoid probate delays.
Advance Medical Directive & Power of Attorney – Ensure trusted decisions if you’re unable to act.
Updated Beneficiary Designations – Make sure accounts and insurance pass directly to those you choose.

These steps are not just about money—they’re about protecting family bonds and honoring your life’s work.