A. The damages awarded pursuant to § 8.01-52 shall be distributed as specified under § 8.01-54 to (i) the surviving spouse, children of the deceased and children of any deceased child of the deceased, and, only if there is a surviving spouse, children of the deceased, or children of any deceased child of the deceased, the parents of the decedent if any of such parents, within 12 months prior to the decedent's death, regularly received support or regularly received services from the decedent for necessaries, including living expenses, food, shelter, health care expenses, or in-home assistance or care, or (ii) if there is no surviving spouse, children of the deceased, or children of any deceased child of the deceased, 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. However, no parent whose parental rights and responsibilities have been terminated by a court of competent jurisdiction or pursuant to a permanent entrustment agreement with a child welfare agency shall be eligible as a beneficiary under this section. For purposes of this section, a relative is any person related to the decedent by blood, marriage, or adoption and also includes a stepchild of the decedent.
§ 8.01-53.Class and beneficiaries; when determined.
Chapter 3. Actions · Article 5. Death by Wrongful Act · Last amended 2024 · Last verified July 16, 2026
In one sentenceSection 8.01-53 sets the priority classes of beneficiaries who share a wrongful death recovery under § 8.01-54 — from surviving spouse and children down through dependent relatives and, absent any of those, intestate heirs — fixes when the class is determined, and allows a beneficiary to renounce a share.
Full Text of § 8.01-53
B. The class and beneficiaries thereof eligible to receive such distribution shall be fixed (i) at the time the verdict is entered if the jury makes the specification or (ii) at the time the judgment is rendered if the court specifies the distribution.
C. A beneficiary may renounce his interest in any claim brought pursuant to § 8.01-50 and, in such event, the damages shall be distributed to the beneficiaries in the same class as the renouncing beneficiary or, if there are none, to the beneficiaries in any subsequent class in the order of priority set forth in subsection A.
D. For the purposes of this section, children of the deceased shall include any child of the decedent who is adopted after the death of the decedent, provided that the parental rights of the decedent were not terminated by a court of competent jurisdiction prior to his death. The provisions of this subsection shall apply to any adoption finalized on or after July 1, 2024.
Plain-English Summary
Section 8.01-53 answers who receives a wrongful death recovery. Subsection A sets out a tiered priority scheme. The first tier is the surviving spouse, the decedent’s children, and the children of any deceased child of the decedent; parents join that tier only when a spouse, child, or grandchild also survives, and only if the parent regularly received support or necessary services from the decedent within the 12 months before death. If no one in that first tier survives, the second tier is the parents, siblings, and any other relative primarily dependent on the decedent and living in the decedent’s household. A third clause covers the case of a surviving spouse and parent but no child or grandchild, splitting the award between them. A fourth clause folds in any other household-dependent relative alongside beneficiaries taking under the first or third tier. And if no one qualifies under any of those, the award passes under the ordinary rules of intestate descent in § 64.2-200. A parent whose parental rights have been terminated by a court, or under a permanent entrustment agreement with a child welfare agency, cannot take as a beneficiary. For purposes of the section, a relative is anyone related to the decedent by blood, marriage, or adoption, including a stepchild.
Subsection B fixes the timing: the class of eligible beneficiaries, and who falls within it, is set as of the moment the verdict is entered if a jury decides distribution, or as of the moment judgment is rendered if the court decides it.
Subsection C lets a beneficiary renounce an interest in the claim. A renounced share passes to the other beneficiaries in the same class, or, if none remain in that class, to the beneficiaries in the next class down the priority order set out in subsection A.
Subsection D extends beneficiary status to a child adopted after the decedent’s death, so long as the decedent’s parental rights were not terminated by a court before death — a provision that applies to adoptions finalized on or after July 1, 2024.
Frequently Asked Questions
Who is first in line to receive a Virginia wrongful death recovery?
The surviving spouse, the decedent’s children, and children of any deceased child of the decedent. Parents share in this tier only if a spouse, child, or grandchild also survives and the parent regularly received support or necessary services from the decedent within the 12 months before death.
What happens if the decedent left no spouse, children, or grandchildren?
The award goes to the parents, siblings, and any other relative who was primarily dependent on the decedent for support or services and lived in the decedent’s household. Absent any such relatives, distribution follows the ordinary rules of intestate descent in § 64.2-200.
Can a parent lose the right to share in a wrongful death recovery?
Yes. A parent whose parental rights were terminated by a court of competent jurisdiction, or under a permanent entrustment agreement with a child welfare agency, is not eligible as a beneficiary under this section.
When is the group of beneficiaries locked in?
Subsection B fixes the class at the time the verdict is entered, if a jury specifies the distribution, or at the time judgment is rendered, if the court specifies it.
Can a beneficiary give up their share, and where does it go?
Yes. Subsection C lets a beneficiary renounce an interest in the claim. The renounced share is redistributed to the remaining beneficiaries in that same class, or, if none are left in that class, to beneficiaries in the next class in the priority order.
Amendment History
Code 1950, §§ 8-636.1, 8-638; 1954, c. 333; 1973, c. 401; 1974, c. 444; 1977, cc. 460, 617; 1979, c. 356; 1992, c. 74; 1994, c. 515; 2003, c. 632; 2019, cc. 47, 328; 2021, Sp. Sess. I, c. 488; 2024, cc. 69, 70.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: wrongful death beneficiaries virginiawho gets wrongful death settlement money virginia8.01-53 virginia codewrongful death distribution priority virginiarenounce wrongful death beneficiary share