Legal Question in Wills and Trusts in Virginia

Re: Does State Get Portion of Estate?

The Commonwealth of Virginia would get your estate by escheat if there are absolutely no blood relations that can be found to inherit from you. If one dies without a will in VA, one's estate goes to the surviving spouse unless there are surviving children from another relationship. In that case, the surviving spouse gets one third and the remaining two thirds is divided among all of the surviving children. If a child has predeceased you leaving issue, then the issue would take in that predeceased child's place. If one dies without a surviving spouse and no surviving issue and no will, then the decedent's parents would inherit. If the parents did not survive the decedent, the decedent's brothers and sisters would inherit or if they predeceased the decedent, then their surviving children (your nieces and nephews) would inherit.

The best way to prevent your estate going to someone that you do not want to receive it is to have a will.