Virginia has a list of people who it calls “statutory beneficiaries.” These beneficiaries are not necessarily the same people as would inherit under a will or by state law without a will. Rather, the statutory list of people who may recover is as follows:
(i) the surviving spouse, children of the deceased and children of any deceased child of the deceased or
(ii) if there be none such, then to the parents, brothers and sisters of the deceased, and to any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household as the decedent or
(iii) if the decedent has left both surviving spouse and parent or parents, but no child or grandchild, the award shall be distributed to the surviving spouse and such parent or parents or
(iv) if there are survivors under clause (i) or clause (iii), the award shall be distributed to those beneficiaries and to any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household as the decedent or
(v) if no survivors exist under clause (i), (ii), (iii), or (iv), the award shall be distributed in the course of descents as provided for in § 64.2-200.