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 partthereof, the surplus (subject to the provisions of Article 5.1 (§ 64.1-151.1et seq.) of Chapter 6 of this title), after payment of funeral expenses,charges of administration and debts, shall pass and be distributed to andamong the same persons, and in the same proportions, to whom and in whichreal estate is directed to descend. However, if the intestate was married,the surviving spouse shall be entitled to one-third of such surplus, if theintestate left surviving children or their descendants, one or more of whomare not children or descendants of the surviving spouse. If no such childrenor their descendants survive, the surviving spouse shall be entitled to thewhole of such surplus.
(Code 1950, § 64-11; 1968, c. 656; 1978, c. 647; 1981, c. 580; 1982, c. 304;1983, c. 320.)