Code of Virginia

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Code of Virginia
Title 64.2. Wills, Trusts, and Fiduciaries
Chapter 3. Rights of Married Persons
10/23/2019

§ 64.2-308.4. Composition of the augmented estate; marital property portion.

A. Subject to § 64.2-308.9, the value of the augmented estate, to the extent provided in §§ 64.2-308.5, 64.2-308.6, 64.2-308.7, and 64.2-308.8, consists of the sum of the values of all property, whether real or personal, movable or immovable, tangible or intangible, wherever situated, that constitute:

1. The decedent's net probate estate;

2. The decedent's non-probate transfers to others;

3. The decedent's non-probate transfers to the surviving spouse; and

4. The surviving spouse's property and non-probate transfers to others.

B. The value of the marital-property portion of the augmented estate consists of the sum of the values of the four components of the augmented estate as determined under subsection A multiplied by the following percentage:

If the decedent and the spouse were married to each other: The percentage is:

aLess than 1 year3%
a1 year but less than 2 years6%
b2 years but less than 3 years12%
c3 years but less than 4 years18%
d4 years but less than 5 years24%
e5 years but less than 6 years30%
f6 years but less than 7 years36%
g7 years but less than 8 years42%
h8 years but less than 9 years48%
i9 years but less than 10 years54%
j10 years but less than 11 years60%
k11 years but less than 12 years68%
l12 years but less than 13 years76%
m13 years but less than 14 years84%
n14 years but less than 15 years92%
o15 years or more100%

2016, cc. 187, 269.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.