Next of kin under Virginia law generally means the closest living relatives of the decedent. The Virginia Supreme Court has stated that the term “next of kin” is “a nontechnical term whose commonly accepted meaning is ‘nearest in blood.’” Elmore v. Virginia Nat’l Bank, 232 Va. 310 (Va. 1986).
Next of kin in Virginia re the following people, in the following order:
Next of kin (used synonymous with heirs) will inherit from decedent’s intestate estate under Virginia law, if there are probate assets, and depending on the survivors of the decedent.
Survivors
Share of Intestate Estate
Spouse, no descendants
Children, no spouse
100% to children
Spouse and descendants (all descendants are descendants of the spouse and decedent)
Spouse and descendants (at least one descendant is not descendant of spouse)
1/3 to spouse, remainder to descendants
Parents, no spouse or descendants
Siblings, no spouse, descendants, or parents
100% to siblings
Status as a next of kin heir of a Virginia decedent does not automatically mean that there is anything to inherit. A decedent may not have any probate assets, which are the only assets that pass to heirs under Virginia intestate succession law. See our Probate and Non-Probate Assets Chart.
If a decedent died with only non-probate assets, such as jointly titled bank accounts or accounts with pay on death beneficiaries, then no assets would pass through probate to the next of kin heirs.
In order for a next of kin heir to inherit from a Virginia decedent, the next of kin must survive the decedent by 120 hours. See Virginia Code §64.2-2201.
Half relatives (relatives who only share one parent) inherit only ½ of what they would inherit if they were whole. Therefore, a decedent’s half-sister would only inherit ½ of what decedent’s full sister would from decedent’s intestate estate. See Virginia Code § 64.2-202.
Next of kin has a slightly narrower definition under Virginia’s Funeral Services Code:
“Next of kin” means any of the following persons, regardless of the relationship to the decedent: any person designated to make arrangements for the disposition of the decedent’s remains upon his death pursuant to § 54.1-2825, the legal spouse, child aged 18 years or older, parent of a decedent aged 18 years or older, custodial parent or noncustodial parent of a decedent younger than 18 years of age, siblings over 18 years of age, guardian of minor child, guardian of minor siblings, maternal grandparents, paternal grandparents, maternal siblings over 18 years of age and paternal siblings over 18 years of age, or any other relative in the descending order of blood relationship.
If you have any questions about your status as a next of kin under Virginia law, contact a Virginia probate lawyer to answer your questions.