Who inherits the property of an intestate (person dying without a will)?

  • All of the assets go to the surviving spouse, unless there are children (or their descendants) from another marriage in which case, one-third goes to the surviving spouse and the remaining two-thirds is divided among all children.
  • If there is no surviving spouse, the assets go to the children and their descendants.
  • If there are no children, then the assets go to the deceased’s father and mother or the survivor.
  • If there is no father or mother, then the assets go to the deceased’s brothers and sisters and their descendants.
  • There are further contingent beneficiaries set out in the Virginia statutes. (Virginia Code Annotated §64.1-1)
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