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Who inherits in an intestate Estate in Virginia?

Updated: 8/21/2019
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9y ago

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It is set by law. Typically it will be the spouse, followed by the children.

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9y ago
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Q: Who inherits in an intestate Estate in Virginia?
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Yes. You can read the text for who inherits in an intestate estate in Mississippi at the related question link below.


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Virginia Code: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.That means the surviving spouse receives the estate unless the decedent had children that were not also children of the surviving spouse. If there are children from a previous marriage the surviving spouse receives one-third.