Code of Virginia - Title 64.1 Wills And Decedents' Estates - Section 64.1-11 Distribution of personal estate

§ 64.1-11. Distribution of personal estate

When any person shall die intestate as to his personal estate or any part thereof, the surplus (subject to the provisions of Article 5.1 (§ 64.1-151.1 et seq.) of Chapter 6 of this title), after payment of funeral expenses, charges of administration and debts, shall pass and be distributed to and among the same persons, and in the same proportions, to whom and in which real estate is directed to descend. However, if the intestate was married, the surviving spouse shall be entitled to one-third of such surplus, if the intestate left surviving children or their descendants, one or more of whom are not children or descendants of the surviving spouse. If no such children or their descendants survive, the surviving spouse shall be entitled to the whole of such surplus.

(Code 1950, § 64-11; 1968, c. 656; 1978, c. 647; 1981, c. 580; 1982, c. 304; 1983, c. 320.)

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Last modified: April 16, 2009