Intestate Probate

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

As it relates to probate & estate administration, generally real property is governed by the laws of the state where the respective parcel has situs and personal property is governed by the laws of the decedent’s domicile. . . . . .

"If you fail to prepare a will, your personal property maybe distributed according to the laws of your domicile whereas your real property maybe distributed according to the laws of the state where the real property is located." 

Under Virginia Law, if a decedent dies without a duly executed Last Will & Testament, then that person's probate assets will be distributed according to statutory law. We say that said person died intestate (without a valid Will).  Additionally we refer to the process as intestacy and the decedent's probate estate as the decedent's intestacy estate.