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Similar to the intestate succession laws of most states, spouses in Virginia are given hefty rights to inheritance. First and foremost, if you die leaving solely a surviving spouse behind without children, they will receive your entire estate.
WHO INHERITS THE PROPERTY OF AN INTESTATE? someone other than the surviving spouse in which case, one-third goes to the surviving spouse and the remaining two-thirds is divided among all children.  if no surviving spouse, all passes to the children and their descendants.
If there are one or more children of an ex-partner or ex-spouse, who is not the surviving spouse, then these children will stand to receive two-thirds of their deceased parents estate, divided equally among each of them, and the surviving spouse will receive the remaining one-third of the estate that is left.
In Virginia, you are entitled to a family allowance, an exempt property claim, a homestead allowance, and an elective share of your deceased spouses augmented estate.
Virginias laws of intestate succession state that when a person dies leaving a spouse and children, one-third of the persons assets pass to the spouse and two-thirds of the persons assets pass to the children. If a person does not have any children, all of the assets pass to the spouse.
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You can obtain a copy of your Deed, Certificate of Satisfaction or any other recorded document at the Circuit Court Clerks Office, for a fee of 50 cents per page and $2 for certification, if Page 3 needed. A deed is usually one to three pages and a Certificate of Satisfaction is usually one page.
In Virginia, if you are married, your estate generally passes entirely to your surviving spouse; however, if you have surviving children or their descendants who are not also the children or their descendants of your surviving spouse, your children and the descendants of any deceased child divide two-thirds of your
If the value does not exceed $15,000, Virginia Code Section 58.1-1714 makes it unnecessary to file a probate tax return. Virginia Code Section 58.1-1718 authorizes the county or city in which the probate occurs also to assess a tax equal to one third of the amount of the state probate tax. List of Heirs.
In addition, as mentioned previously, some states try to collect reimbursement for long-term care from property that does not go through probate. At the time of this writing, the following states allow lady bird deeds: Florida, Michigan, Texas, Vermont, and West Virginia.
If a surviving spouse exists, and there are no existing children of the decedent, the surviving spouse will inherit the decedents estate in its entirety, including any real property.

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