Virginia Distribution and Intestate Succession

From Virginia Code Section 64.2-200:

1. If survived by a current spouse
   1. No surviving children – all to the current spouse
   2. Only surviving children are via current spouse – all to the current spouse
   3. Some surviving children of a former spouse – 2/3 to the children and their  descendants, 1/3 to the current spouse
2. If not surviving current spouse then all to the decendent’s children and their descendants
3. If neither surviving current spouse nor children or children’s descendants then to decedent’s surviving parents
4. If neither surviving current spouse, children children descendants, nor parents then to decedent’s siblings and their descendants
5. If none of the foregoing then 1/2 to the kindred of one of the decedent’s parents and 1/2 to the kindred of the other of the decedent’s parents aas follows
   1. to the decedents grandparents or to the surviving grandparent
   2. If non then to the decedents uncles and aunts and their descendants
   3. If none then to the decedent’s great-grandparents
   4. If none then to the siblings of the decedent’s grandparents and their descendants
   5. And so on, in other cases, without end, passing to the nearest lineal ancestors, and the descendants of other ancestors
6. If there are no surviving kindred of one of the decedent’s parents, the whole estate descends and passes to the surviving kindred of the other of the decdent’s parents. If there are no kindred of either parent, 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.
7. 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 24 of Title 55.1

(This legal language is challenging to many readers. If you would like to discuss your situation please just give us a call.)