Q: How to transfer property to co-heirs when widow died intestate in VA?

A: You need to map out the family tree of the wife carefully, so you need a consult with a lawyer and, possibly, a genealogical expert. Unless some estate planning was done, it seems unlikely anything goes to husband’s descendants, but you might get a fee for acting as Administrator if you can qualify.

A: This is a difficult question to answer without more information. If the widow inherited 100% ownership in the property, only her blood line will matter. When someone dies in Virginia, without a will, owning real estate, Virginia Code section 64.2-200 govern the course of descent. I have attached that Code section below, but notice that the course of descent goes back to the widow's great grandparents, grandparents, mother and father, all of their siblings, the children, grandchildren and more distant lineal descendants. Please do not hesitate to meet with an attorney to discuss this further. In these situations you can see why attorneys always preach to get a will.

§ 64.2-200. Course of descents generally; right of Commonwealth if no other heir.

A. The real estate of any decedent not effectively disposed of by will descends and passes by intestate succession in the following course:

1. 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.

2. If there is no surviving spouse, then the estate descends and passes to the decedent's children and their descendants.

3. If there is none of the foregoing, then to the decedent's parents, or to the surviving parent.

4. If there is none of the foregoing, then to the decedent's siblings, and their descendants.

5. 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:

a. To the decedent's grandparents, or to the surviving grandparent.

b. If there is none of the foregoing, then to the decedent's uncles and aunts, and their descendants.

c. If there is none of the foregoing, then to the decedent's great-grandparents.

d. If there is none of the foregoing, then to the siblings of the decedent's grandparents, and their descendants.

e. And so on, in other cases, without end, passing to the nearest lineal ancestors, and the descendants of such ancestors.

B. 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.

C. 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.