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Virginia Intestacy Laws

The following are excerpts from Virginia’s intestacy laws. Please reference the full body of Virginia’s Wills, Trusts, and Fiduciaries Code for any changes to those laws that may not be reflected below.

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Virginia Intestate Laws

Title 64.2. Wills, Trusts, and Fiduciaries
Chapter 2. Descent and Distribution.

§ 64.2-200. Course of descents generally; right of Commonwealth if no other heir.
A. The real estate of any decedent not effectively disposed of by will descends and passes by intestate succession in the following course:
1. To the surviving spouse of the decedent, unless the decedent is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case, two-thirds of the estate descends and passes to the decedent’s children and their descendants, and one-third of the estate descends and passes to the surviving spouse.
2. If there is no surviving spouse, then the estate descends and passes to the decedent’s children and their descendants.
3. If there is none of the foregoing, then to the decedent’s parents, or to the surviving parent.
4. If there is none of the foregoing, then to the decedent’s brothers and sisters, and their descendants.
5. If there is none of the foregoing, then one-half of the estate descends and passes to the paternal kindred and one-half descends and passes to the maternal kindred of the decedent in the following course:
a. To the decedent’s grandparents, or to the surviving grandparent.
b. If there is none of the foregoing, then to the decedent’s uncles and aunts, and their descendants.
c. If there is none of the foregoing, then to the decedent’s great-grandparents.
d. If there is none of the foregoing, then to the brothers and sisters of the decedent’s grandparents, and their descendants.
e. And so on, in other cases, without end, passing to the nearest lineal ancestors, and the descendants of such ancestors.
B. If there are either no surviving paternal kindred or no surviving maternal kindred, the whole estate descends and passes to the paternal or maternal kindred who survive the decedent. If there are neither maternal nor paternal kindred, the whole estate descends and passes to the kindred of the decedent’s most recent spouse, if any, provided that the decedent and the spouse were married at the time of the spouse’s death, as if such spouse had died intestate and entitled to the estate.
C. If there is no other heir of a decedent’s real estate, such real estate is subject to escheat to the Commonwealth in accordance with Chapter 10 (§ 55-168 et seq.) of Title 55.

§ 64.2-201. Distribution of personal estate; right of Commonwealth if no other distributee.
A. The surplus of the personal estate or any part thereof of any decedent, after payment of funeral expenses, charges of administration, and debts, and subject to the provisions of Article 2 (§ 64.2-309 et seq.) of Chapter 3, not effectively disposed of by will passes by intestate succession and is distributed to the same persons, and in the same proportions, as real estate descends pursuant to § 64.2-200.
B. If there is no other distributee of a decedent’s personal estate, such personal estate shall accrue to the Commonwealth.




§ 64.2-202. When persons take per capita and when per stirpes; collaterals of the half blood.
A. A decedent’s estate, or each half portion of such estate when division is required by subdivision A 5 of § 64.2-200, shall, except when otherwise provided in subdivision A 1 of § 64.2-200, be divided into as many equal shares as there are (i) heirs and distributees who are in the closest degree of kinship to the decedent and (ii) deceased persons, if any, in the same degree of kinship to the decedent who, if living, would have been heirs and distributees and who left descendants surviving at the time of the decedent’s death. One share of the estate or half portion thereof shall descend and pass to each such heir and distributee and one share shall descend and pass per stirpes to such descendants.
B. Notwithstanding the provisions of subsection A, collaterals of the half blood shall inherit only half as much as those of the whole blood.

§ 64.2-203. Inheritance rights of certain individuals.
A. Except as otherwise provided by law, no person is barred from inheriting because such person or a person through whom he claims his inheritance is or has been an alien.
B. A person who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that would entitle him to the larger share.