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Who inherits the property of an intestate (person dying without a will)?

  1. All of the assets go to the surviving spouse, unless there are children (or their descendants) from another marriage in which case, one-third goes to the surviving spouse and the remaining two-thirds is divided among all children.
  2. If there is no surviving spouse, the assets go to the children and their descendants.
  3. If there are no children, then the assets go to the deceased’s father and mother or the survivor.
  4. If there is no father or mother, then the assets go to the deceased’s brothers and sisters and their descendants.
  5. There are further contingent beneficiaries set out in the Virginia statutes. (Virginia Code Annotated §64.1-1)

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