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64.1-1. Course of descents generally.
When any person having title to any real estate of inheritance shall die
intestate as to such estate, it shall descend and pass in parcenary to such
of his kindred, male and female, in the following course:
First. To the surviving spouse of the intestate, unless the intestate 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 such estate shall pass to all the intestate's children and
their descendants and the remaining one-third of such estate shall pass to
the intestate's surviving spouse.
Second. If there be no surviving spouse, then the whole shall go to all the
intestate's children and their descendants.
Third. If there be none such, then to his or her father and mother or the
survivor.
Fourth. If there be none such,
then to his or her brothers and sisters, and their descendants.
Fifth. If there be none such, then one moiety shall go to the paternal, the
other to the maternal kindred, of the intestate, in the following course:
Sixth. First to the grandfather and grandmother or the survivor.
Seventh. If there be none, then to the uncles and aunts, and their
descendants.
Eighth. If there be none such, then to the great grandfathers or great
grandfather, and great grandmothers or great grandmother.
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Ninth. If there be none, then to the brothers and sisters of the
grandfathers and grandmothers, and their descendants.
Tenth. And so on, in other cases, without end, passing to the nearest lineal
ancestors, and the descendants of such ancestors.
Eleventh. If there be no paternal kindred the whole shall go to the maternal
kindred; and if there be no maternal kindred, the whole shall go to the
paternal kindred. If there be neither maternal nor paternal kindred, the
whole shall go to the kindred of the husband or wife, in the like course as
if such husband or wife had died entitled to the estate.
§
64.1-2. How collaterals of half blood inherit.
Collaterals of the half blood shall inherit only half so much as those of
the whole blood.
§ 64.1-3. When parties take per capita and when per stirpes.
Whenever those entitled to partition are all in the same degree of kindred
to the intestate, they shall take per capita or by persons; and when, a part
of them being dead and a part living, the issue of those dead have right to
partition, such issue shall take per stirpes or by stocks, that is to say,
the shares of their deceased parents.
64.1-11. Distribution of personal estate.
When any person shall die intestate as to his personal estate or any part
thereof, the surplus (subject to the provisions of Article 5.1 (§ 64.1-151.1
et seq.) of Chapter 6 of this title), after payment of funeral expenses,
charges of administration and debts, shall pass and be distributed to and
among the same persons, and in the same proportions, to whom and in which
real estate is directed to descend. However, if the intestate was married,
the surviving spouse shall be entitled to one-third of such surplus, if the
intestate left surviving children or their descendants, one or more of whom
are not children or descendants of the surviving spouse. If no such children
or their descendants survive, the surviving spouse shall be entitled to the
whole of such surplus.
§ 64.1-12. Right of Commonwealth, if no other distributee.
To the Commonwealth shall accrue all the personal estate of every decedent,
of which there is no other distributee.
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