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Virginia Intestacy Laws
These are selections from the Virginia intestate succession statutes.  (Title 64.1, Wills and Decedents' Estates, Chapter 1, Descent and Distribution)

 

The Intestacy Calculator™ uses these laws to automatically divide any intestate estate with just a few clicks.

 


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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  See Also: Which state's intestacy laws apply at death? and How are intestacy laws interpreted?
The Virginia intestate succession statutes may be found in full by selecting this link.  (Title 64.1, Wills and Decedents' Estates, Chapter 1, Descent and Distribution)


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