Real Property-Intestate Distribution

Real Estate-refer to §64.1-1 for the order of distribution.
The priority of the distribution of real estate in case of intestacy is controllled by . §64.1-11 for  immediately to heirs-at-law; estate administration relates to personal estate of the decedent. 

After payment of the funeral expenses, debts of the decedent, and administration expenses, distribution to the heirs-at-law is in the same order as theistribution of real estate.

The first in line is the surviving spouse. The surviving spouse will collect the entire estate when there are no children from a prior marriage. If there are children from a prior marriage, the share of the surviving spouse is reduced to one-third of the estate. The other twothirds
are divided among the children of the decedent.

The second in line are the children of the decedent. When there is no surviving spouse, the whole estate is divided among the children and their descendants.