Intestate
The law considers a person “intestate,” if they die without a valid Virginia will. This means that their money and property (collectively, the “estate”) will be distributed according to Virginia’s intestate laws.
Virginia Code ยง 64.1-1 sets forth the intestate distribution scheme.
Basically, everything goes to the surviving spouse of the intestate person, depending upon children. If all of the person’s children are also the children of the surviving spouse, the spouse takes all. But if the person had children with anyone else, the spouse only gets 1/3 of the estate; the children all share the other 2/3.
If the person dies with no spouse, everything goes to the children.
If there are no children (or children’s descendants), the estate goes to the decedent’s parents.
The law keeps searching in this manner to find a living heir to receive the estate. If you die intestate, your property could go to a distant relative, instead of your favorite charity or church. This is why wills are essential.
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