{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-200.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-200.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-200.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-200.html"}],"law_id":63124,"edition_id":1,"section_id":63124,"structure_id":16067,"section_number":"64.2-200","catch_line":"Course of descents generally; right of Commonwealth if no other heir","history":"Code 1950, \u00a7 64-1; 1956, c. 109; 1968, c. 656, \u00a7 64.1-1; 1977, c. 474; 1982, c. 304; 1985, c. 189; 1990, c. 831; 2012, c. 614; 2020, c. 900.","full_text":"A\n\nThe real estate of any decedent not effectively disposed of by will descends and passes by intestate succession in the following course:1\n\nTo the surviving spouse of the decedent, unless the decedent 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 the estate descends and passes to the decedent’s children and their descendants, and one-third of the estate descends and passes to the surviving spouse.2\n\nIf there is no surviving spouse, then the estate descends and passes to the decedent’s children and their descendants.3\n\nIf there is none of the foregoing, then to the decedent’s parents, or to the surviving parent.4\n\nIf there is none of the foregoing, then to the decedent’s siblings, and their descendants.5\n\nIf there is none of the foregoing, then one-half of the estate descends and passes to the kindred of one of the decedent’s parents and one-half descends and passes to the kindred of the other of the decedent’s parents in the following course:\n\t\t\t\ta. To the decedent’s grandparents, or to the surviving grandparent.\n\t\t\t\tb. If there is none of the foregoing, then to the decedent’s uncles and aunts, and their descendants.\n\t\t\t\tc. If there is none of the foregoing, then to the decedent’s great-grandparents.\n\t\t\t\td. If there is none of the foregoing, then to the siblings of the decedent’s grandparents, and their descendants.\n\t\t\t\te. And so on, in other cases, without end, passing to the nearest lineal ancestors, and the descendants of such ancestors.B\n\nIf there are no surviving kindred of one of the decedent’s parents, the whole estate descends and passes to the surviving kindred of the other of the decedent’s parents. If there are no kindred of either parent, the whole estate descends and passes to the kindred of the decedent’s most recent spouse, if any, provided that the decedent and the spouse were married at the time of the spouse’s death, as if such spouse had died intestate and entitled to the estate.C\n\nIf there is no other heir of a decedent’s real estate, such real estate is subject to escheat to the Commonwealth in accordance with Chapter 24 (§ 55.1-2400 et seq.) of Title 55.1.","order_by":null,"text":{"0":{"id":230227,"text":"The real estate of any decedent not effectively disposed of by will descends and passes by intestate succession in the following course:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":230228,"text":"To the surviving spouse of the decedent, unless the decedent 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 the estate descends and passes to the decedent’s children and their descendants, and one-third of the estate descends and passes to the surviving spouse.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":230229,"text":"If there is no surviving spouse, then the estate descends and passes to the decedent’s children and their descendants.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":230230,"text":"If there is none of the foregoing, then to the decedent’s parents, or to the surviving parent.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":230231,"text":"If there is none of the foregoing, then to the decedent’s siblings, and their descendants.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":230232,"text":"If there is none of the foregoing, then one-half of the estate descends and passes to the kindred of one of the decedent’s parents and one-half descends and passes to the kindred of the other of the decedent’s parents in the following course:\n\t\t\t\ta. To the decedent’s grandparents, or to the surviving grandparent.\n\t\t\t\tb. If there is none of the foregoing, then to the decedent’s uncles and aunts, and their descendants.\n\t\t\t\tc. If there is none of the foregoing, then to the decedent’s great-grandparents.\n\t\t\t\td. If there is none of the foregoing, then to the siblings of the decedent’s grandparents, and their descendants.\n\t\t\t\te. And so on, in other cases, without end, passing to the nearest lineal ancestors, and the descendants of such ancestors.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":230233,"text":"If there are no surviving kindred of one of the decedent’s parents, the whole estate descends and passes to the surviving kindred of the other of the decedent’s parents. If there are no kindred of either parent, the whole estate descends and passes to the kindred of the decedent’s most recent spouse, if any, provided that the decedent and the spouse were married at the time of the spouse’s death, as if such spouse had died intestate and entitled to the estate.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"C"},"7":{"id":230234,"text":"If there is no other heir of a decedent’s real estate, such real estate is subject to escheat to the Commonwealth in accordance with Chapter 24 (§ 55.1-2400 et seq.) of Title 55.1.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":16067,"edition_id":1,"name":"Descent and Distribution","identifier":"2","label":"chapter","depth":3,"order_by":1,"parent_id":12863,"metadata":{},"date_created":"2026-06-26 04:04:59","date_modified":"2026-06-26 04:04:59","permalink":{"id":272913,"object_type":"structure","relational_id":16067,"identifier":"2","token":"64.2\/II\/2","url":"\/64.2\/II\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12863,"edition_id":1,"name":"Wills and Decedents' Estates","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":272911,"object_type":"structure","relational_id":12863,"identifier":"II","token":"64.2\/II","url":"\/64.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63124,"structure_id":16067,"section_number":"64.2-200","catch_line":"Course of descents generally; right of Commonwealth if no other heir","url":"\/64.2-200\/","token":"64.2\/II\/2\/64.2-200","metadata":false},{"id":76289,"structure_id":16067,"section_number":"64.2-201","catch_line":"Distribution of personal estate; right of Commonwealth if no other distributee","url":"\/64.2-201\/","token":"64.2\/II\/2\/64.2-201","metadata":false},{"id":78245,"structure_id":16067,"section_number":"64.2-202","catch_line":"When persons take per capita and when per stirpes; collaterals of the half blood","url":"\/64.2-202\/","token":"64.2\/II\/2\/64.2-202","metadata":false},{"id":69287,"structure_id":16067,"section_number":"64.2-203","catch_line":"Inheritance rights of certain individuals","url":"\/64.2-203\/","token":"64.2\/II\/2\/64.2-203","metadata":false},{"id":84769,"structure_id":16067,"section_number":"64.2-204","catch_line":"Afterborn heirs","url":"\/64.2-204\/","token":"64.2\/II\/2\/64.2-204","metadata":false},{"id":68055,"structure_id":16067,"section_number":"64.2-205","catch_line":"Right of entry or action for land not affected by descent cast","url":"\/64.2-205\/","token":"64.2\/II\/2\/64.2-205","metadata":false},{"id":85776,"structure_id":16067,"section_number":"64.2-206","catch_line":"Advancements brought into hotchpot","url":"\/64.2-206\/","token":"64.2\/II\/2\/64.2-206","metadata":false}],"next_section":{"id":76289,"structure_id":16067,"section_number":"64.2-201","catch_line":"Distribution of personal estate; right of Commonwealth if no other distributee","url":"\/64.2-201\/","token":"64.2\/II\/2\/64.2-201","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-200\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 8 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1956, chapter 109; in 1968, chapter 656; in 1977, chapter 474; in 1982, chapter 304; in 1985, chapter 189; in 1990, chapter 831; in 2012, chapter 614<\/a>; in 2020, chapter 900<\/a>.<\/p>","references":[{"id":78370,"section_number":"2.2-3706.1","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement records; criminal incident information and certain criminal investigative files; limitations","order_by":null,"url":"\/2.2-3706.1\/"},{"id":76297,"section_number":"55.1-208","catch_line":"How estate of a married person to pass at death","order_by":null,"url":"\/55.1-208\/"},{"id":61149,"section_number":"55.1-2601","catch_line":"Status of loaned property; statute of limitations on recovery","order_by":null,"url":"\/55.1-2601\/"},{"id":63964,"section_number":"58.1-513","catch_line":"Limitations; transfer of credit; gain or loss from tax credit","order_by":null,"url":"\/58.1-513\/"},{"id":78245,"section_number":"64.2-202","catch_line":"When persons take per capita and when per stirpes; collaterals of the half blood","order_by":null,"url":"\/64.2-202\/"},{"id":54664,"section_number":"64.2-307","catch_line":"Rights in family residence","order_by":null,"url":"\/64.2-307\/"},{"id":69369,"section_number":"64.2-308.13","catch_line":"Right of election personal to surviving spouse; incapacitated surviving spouse","order_by":null,"url":"\/64.2-308.13\/"},{"id":79802,"section_number":"64.2-308.16","catch_line":"Rights in family residence","order_by":null,"url":"\/64.2-308.16\/"},{"id":63421,"section_number":"8.01-53","catch_line":"Class and beneficiaries; when determined","order_by":null,"url":"\/8.01-53\/"},{"id":56255,"section_number":"9.1-407","catch_line":"Training","order_by":null,"url":"\/9.1-407\/"}],"refers_to":[{"id":76052,"section_number":"55.1-2400","catch_line":"Definition","order_by":null,"url":"\/55.1-2400\/"}],"permalink":{"id":272915,"object_type":"law","relational_id":63124,"identifier":"64.2-200","token":"64.2\/II\/2\/64.2-200","url":"\/64.2-200\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-200\/","token":"64.2\/II\/2\/64.2-200","dublin_core":{"Title":"Course of descents generally; right of Commonwealth if no other heir","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-200","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The real estate of any decedent not effectively disposed of by will<\/span> descends and passes by intestate succession in the following course: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To the surviving spouse of the decedent, unless the decedent 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 the estate descends and passes to the decedent’s children and their descendants, and one-third of the estate descends and passes to the surviving spouse. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If there is no surviving spouse, then the estate descends and passes to the decedent’s children and their descendants. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If there is none of the foregoing, then to the decedent’s parents, or to the surviving parent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> If there is none of the foregoing, then to the decedent’s siblings, and their descendants. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> If there is none of the foregoing, then one-half of the estate descends and passes to the kindred of one of the decedent’s parents and one-half descends and passes to the kindred of the other of the decedent’s parents in the following course:\n\t\t\t\ta. To the decedent’s grandparents, or to the surviving grandparent.\n\t\t\t\tb. If there is none of the foregoing, then to the decedent’s uncles and aunts, and their descendants.\n\t\t\t\tc. If there is none of the foregoing, then to the decedent’s great-grandparents.\n\t\t\t\td. If there is none of the foregoing, then to the siblings of the decedent’s grandparents, and their descendants.\n\t\t\t\te. And so on, in other cases, without end, passing to the nearest lineal ancestors, and the descendants of such ancestors. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If there are no surviving kindred of one of the decedent’s parents, the whole estate descends and passes to the surviving kindred of the other of the decedent’s parents. If there are no kindred of either parent, the whole estate descends and passes to the kindred of the decedent’s most recent spouse, if any, provided that the decedent and the spouse were married at the time of the spouse’s death, as if such spouse had died intestate and entitled to the estate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If there is no other heir of a decedent’s real estate, such real estate is subject to escheat to the Commonwealth in accordance with Chapter 24 (§ 55.1-2400<\/a> et seq.) of Title 55.1. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOURSE OF DESCENTS GENERALLY; RIGHT OF COMMONWEALTH IF NO OTHER HEIR (\u00a7\n64.2-200)\n\nA. The real estate of any decedent not effectively disposed of by will descends\nand passes by intestate succession in the following course:\n\n 1. To the surviving spouse of the decedent, unless the decedent is survived by\n children or their descendants, one or more of whom are not children or their\n descendants of the surviving spouse, in which case, two-thirds of the estate\n descends and passes to the decedent’s children and their descendants,\n and one-third of the estate descends and passes to the surviving spouse.\n\n 2. If there is no surviving spouse, then the estate descends and passes to the\n decedent’s children and their descendants.\n\n 3. If there is none of the foregoing, then to the decedent’s parents, or\n to the surviving parent.\n\n 4. If there is none of the foregoing, then to the decedent’s siblings,\n and their descendants.\n\n 5. If there is none of the foregoing, then one-half of the estate descends and\n passes to the kindred of one of the decedent’s parents and one-half\n descends and passes to the kindred of the other of the decedent’s\n parents in the following course:\n \t\t\t\ta. To the decedent’s grandparents, or to the surviving grandparent.\n \t\t\t\tb. If there is none of the foregoing, then to the decedent’s uncles\n and aunts, and their descendants.\n \t\t\t\tc. If there is none of the foregoing, then to the decedent’s\n great-grandparents.\n \t\t\t\td. If there is none of the foregoing, then to the siblings of the\n decedent’s grandparents, and their descendants.\n \t\t\t\te. And so on, in other cases, without end, passing to the nearest lineal\n ancestors, and the descendants of such ancestors.\n\nB. If there are no surviving kindred of one of the decedent’s parents, the\nwhole estate descends and passes to the surviving kindred of the other of the\ndecedent’s parents. If there are no kindred of either parent, the whole\nestate descends and passes to the kindred of the decedent’s most recent\nspouse, if any, provided that the decedent and the spouse were married at the\ntime of the spouse’s death, as if such spouse had died intestate and\nentitled to the estate.\n\nC. If there is no other heir of a decedent’s real estate, such real estate\nis subject to escheat to the Commonwealth in accordance with Chapter 24 (§\n55.1-2400 et seq.) of Title 55.1.\n\nHISTORY: Code 1950, \u00a7 64-1; 1956, c. 109; 1968, c. 656, \u00a7 64.1-1; 1977, c.\n474; 1982, c. 304; 1985, c. 189; 1990, c. 831; 2012, c. 614; 2020, c. 900.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}