[VA] Who inherits my brother’s estate if he didn’t leave a will?

VA Estate Probate

My brother died in Smithfield, Virginia. No will and no beneficiaries named on his life insurance. He leaves me, his sister, and a brother. Our mom, dad, and another brother are deceased, but that brother has 2 living children.

December 11, 2025

Dan

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You may qualify for Virginia’s Small Estate Act. If the estate is $50,000 or less in personal property, you can use a Small Estate Affidavit instead of full probate (Va. Code § 64.2-600). You’ll need a death certificate and information about the insurance. If no beneficiaries were listed, the proceeds become part of the estate. Without a will, Virginia's intestacy law controls (Va. Code § 64.2-201 to § 64.2-207). You can also petition to be an administrator. Does this make sense?

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My brother died in Smithfield, Virginia. No will and no beneficiaries named on his life insurance. He leaves me, his sister, and his brother. Our mom, dad, and another brother are deceased, but that brother has 2 living children.

Lexi, Chatbot

I’m sorry to hear about your brother’s passing. Did he own any assets or property?

He said he gave away his house trailer and van before he passed. I called the DMV and they show he owned no property, but they can’t give written proof. He had $50,000 in life insurance and maybe another $5,000 policy.

Lexi, Chatbot

Has anyone started probate in Virginia?

I’ve talked to Laura Smith at the Isle of Wight County Circuit Court, but I don’t know how to get proof of anything. Is there a way to do a small estate claim?

Lexi, Chatbot

Anything else the lawyer should know?

I live in Kentucky, and since I’m not an administrator or executor, I can’t get information. It’s hard to manage this from out of state.

Dan

I’m sorry you’re going through this. Have you been able to explore the small estate process?

I don’t understand the dollar limits. And I don’t know how to start probate when I don’t even know what he owned. Insurance won’t release info unless I’m the administrator.

Dan

Are you trying to handle this yourself or hire a local lawyer?

I want to do it myself. A KY lawyer said the attorney would have to be local to Smithfield, VA.

Dan

Yes, thank you. Question: My brother had no spouse or children. But our deceased brother had 2 living children. Are they beneficiaries?

Dan

If they are the closest living heirs, yes.

I now realize I need a will and a trust myself. This is too complicated without them.

Dan

Estate planning would help. If you need local help, you can contact the state bar, legal aid, or use attorney directories like Avvo or Justia.

So the beneficiaries would be… siblings of the deceased and children of predeceased siblings?

Dan

Correct.

Thank you for your help.

Dan

You’re welcome. Anything else?

All clear.

Dan

Great chatting with you.

Dan

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