When a person dies without a will, state law substitutes and property is distributed according to statute. This is called "intestate succession."

In Virginia, if you die with:

Children, but no spouse -- children inherit 100%.
Spouse, but no children -- spouse inherits 100%.
Spouse and children, all of whom are descendants of that spouse -- spouse inherits 100%.
Spouse and children, at least one of whom is from someone other than than that spouse -- spouse inherits 1/3, children inherit 2/3.
Parents, but no spouse or children -- parents inherit 100%.
Siblings, but no spouse or parents -- siblings inherit 100%.

For a complete list of intestate inheritance rules should the decedent have no siblings, parents, spouses or children, see Va. Code § 64.2-200.

In the District of Columbia, if you die with:

Children, but no spouse -- children inherit 100%.
Spouse, but no children or parents -- spouse inherits 100%.
Spouse and children from you and that spouse, and spouse has no other descendants -- spouse inherits 2/3, children inherit 1/3.
Spouse and children from you and that spouse, and spouse has descendants from another relationship -- spouse inherits 1/2, your children inherit 1/2.
Spouse and children from you and someone other than that spouse -- spouse inherits 1/2, your children inherit 1/2.
Spouse and parents -- spouse inherits 3/4, parents inherit 1/4.
Parents, but no spouse or children -- parents inherit 100%.
Siblings, but no spouse, children or parents -- siblings inherit 100%.

For the complete rules of intestate succession for DC, go to D.C. Code § 19-306, § 19-307, § 19-308, § 19-309, § 19-310, § 19-311, and § 19-312.

Because these are default rules, it is important that you create a will so you do not have the state distributing your property in a manner that is against your wishes.

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Philip R. Yabut, Esq. || 1100 N. Glebe Road, Suite 1010, Arlington, VA 22201 || (571) 393-1236 || pyabut@prylaw.com