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

If a person dies without a will, Virginia law provides a course of descents as follows (after payment of funeral expenses, debts and costs of administration)

  •  All to the surviving spouse, unless there are children (or surviving descendants) of someone other than the surviving spouse in which case, 1/3 goes to the surviving spouse and the remaining 2/3 is divided among all children.
  • If there is no surviving spouse, all passes to the children and descendants.
  • If there are no surviving spouses or descendants, then all goes to the deceased’s father and mother or the survivor
  • If there are none, then all passes to the deceased’s brothers and sisters and their descendants
  • there are further contingent beneficiaries set out in the Virginia statutes

Show All Answers

1. What is probate?
2. Where should the will be probated?
3. What does dying "testate" or "intestate" mean?
4. Who inherits the property of an intestate (person dying without a will)?
5. Is the appointment of an executor or administrator and formal administrator and formal administration of an estate always required?
6. When should I probate the will or if there is no will seek to be appointed administrator?
7. What should I take with me to probate a will or qualify on an estate?
8. Who will be appointed by the court as executor or administrator?
9. What are the basic duties of an executor or administrator?
10. What taxes are there to be paid?
11. Is an executor or administrator compensated?
12. Where can I go for more information or answers to specific questions?