If a person dies without a Will, Virginia law provides a course of descents as follows (after payment of funeral expenses, debts, and cost of administration):
- All to the surviving spouse, unless there are children (or their descendants) of someone other than with the surviving spouse, in which case, one-third passes to the surviving spouse and the remaining two-thirds is divided among all children.
- If no surviving spouse, all assets pass to the children and their descendants.
- If none, then all assets pass to the deceased's father and mother, or the survivor.
- If none, than all passes to the deceased's brothers and sisters or their descendants.
- There are further contingent beneficiaries set out in the Virginia statutes. (VA Code Section 64.1-1, as amended.)