Code of Virginia

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Code of Virginia
Title 64.2. Wills, Trusts, and Fiduciaries
11/13/2019

Chapter 3. Rights of Married PersonsRead Chapter

  • Article 1. Elective Share of Surviving Spouse of Decedent Dying Before January 1, 2017Read all
  • § 64.2-300
    Applicability; definitions
    § 64.2-301
    Dower or curtesy abolished
    § 64.2-302
    (Effective October 1, 2019) When and how elective share may be claimed by surviving spouse
    § 64.2-302
    (Effective until October 1, 2019) When and how elective share may be claimed by surviving spouse
    § 64.2-303
    Extension of time until after determination of action for construction of will or extent of augmented estate
    § 64.2-304
    Rights upon claiming an elective share
    § 64.2-305
    (Effective October 1, 2019) Augmented estate; exclusions; valuation
    § 64.2-305
    (Effective until October 1, 2019) Augmented estate; exclusions; valuation
    § 64.2-306
    Charging spouse with the value of property received; liability of others for balance of elective share
    § 64.2-307
    Rights in family residence
    § 64.2-308
    Statutory rights barred by desertion or abandonment
  • Article 1.1. Elective Share of Surviving Spouse of Decedent Dying on or After January 1, 2017Read all
  • § 64.2-308.1
    Applicability; definitions
    § 64.2-308.2
    Dower or curtesy abolished
    § 64.2-308.3
    Elective share amount; effect of election on statutory benefits; non-domiciliary
    § 64.2-308.4
    Composition of the augmented estate; marital property portion
    § 64.2-308.5
    Decedent's net probate estate
    § 64.2-308.6
    Decedent's non-probate transfers to others
    § 64.2-308.7
    Decedent's non-probate transfers to the surviving spouse
    § 64.2-308.8
    Surviving spouse's property and non-probate transfers to others
    § 64.2-308.9
    (Effective October 1, 2019) Exclusions, valuation, and overlapping application
    § 64.2-308.9
    (Effective until October 1, 2019) Exclusions, valuation, and overlapping application
    § 64.2-308.10
    Sources from which elective share payable
    § 64.2-308.11
    Personal liability of recipients
    § 64.2-308.12
    (Effective October 1, 2019) Proceeding for elective share; time limit
    § 64.2-308.12
    (Effective until October 1, 2019) Proceeding for elective share; time limit
    § 64.2-308.13
    Right of election personal to surviving spouse; incapacitated surviving spouse
    § 64.2-308.14
    Waiver of right to elect and of other rights; defenses
    § 64.2-308.15
    Protection of payors and other third parties
    § 64.2-308.16
    Rights in family residence
    § 64.2-308.17
    Statutory rights barred by desertion or abandonment
  • Article 2. Exempt Property and AllowancesRead all
  • § 64.2-309
    Family allowance
    § 64.2-310
    Exempt property
    § 64.2-311
    Homestead allowance
    § 64.2-312
    Source, determination, and documentation of family allowance, exempt property, and homestead allowance; petition for relief
    § 64.2-313
    (Effective October 1, 2019) When and how exempt property and allowances may be claimed
    § 64.2-313
    (Effective until October 1, 2019) When and how exempt property and allowances may be claimed
    § 64.2-314
    Waiver