Dying Without A Will
Va. Code 64.2-200 — the spouse takes all unless a child is not the spouse's, then one-third
In Virginia, real estate not disposed of by a will passes to the surviving spouse, unless the person who died is survived by a child or a child's descendant who is not also the spouse's. Then two-thirds passes to the children and their descendants and one-third to the spouse. Personal property left after funeral expenses, administration charges and debts goes to the same people in the same proportions.
- With no surviving spouse, to the children and their descendants.
- With none of those, to the parents, or the surviving parent.
- With none of those, to the siblings and their descendants.
- With none of those, half to each parent's kindred, starting with grandparents, then uncles and aunts and their descendants, then great-grandparents.
- With no kindred of either parent, to the kindred of the most recent spouse, if they were married when that spouse died. With no heir at all, it escheats to the Commonwealth.
Sources for this section (2)
- Va. Code 64.2-200 — Course of descents generally
- Va. Code 64.2-201 — Course of descents when no surviving spouse
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.