{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/64.2-308.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/64.2-308.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/64.2-308.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/64.2-308.1.html"}],"law_id":376173,"edition_id":2,"section_id":376173,"structure_id":53498,"section_number":"64.2-308.1","catch_line":"Applicability; definitions","history":"2016, cc. 187, 269.","full_text":"A\n\nThe provisions of this article shall apply to determining the elective share of a surviving spouse for decedents dying on or after January 1, 2017.\n\nB\n\nAs used in this article, unless the context requires a different meaning:\n\t\t\t“Decedent’s non-probate transfers to others” means the amounts that are included in the augmented estate under § 64.2-308.6.\n\n\t\t\t“Fractional interest in property held in joint tenancy with the right of survivorship,” whether the fractional interest is unilaterally severable or not, means the fraction, the numerator of which is one and the denominator of which, if the decedent was a joint tenant, is one plus the number of joint tenants who survive the decedent and which, if the decedent was not a joint tenant, is the number of joint tenants.\n\n\t\t\t“Marriage,” as it relates to a transfer by the decedent during marriage, means any marriage of the decedent to the decedent’s surviving spouse.\n\n\t\t\t“Non-adverse party” means a person who does not have a substantial beneficial interest in the trust or other property arrangement that would be adversely affected by the exercise or non-exercise of the power that he possesses respecting the trust or other property arrangement. A person having a general power of appointment over property is deemed to have a beneficial interest in the property.\n\n\t\t\t“Power” or “power of appointment” includes a power to designate the beneficiary of a beneficiary designation.\n\n\t\t\t“Presently exercisable general power of appointment” means a power of appointment under which, at the time in question, the decedent, whether or not he then had the capacity to exercise the power, held a power to create a present or future interest in himself, his creditors, his estate, or creditors of his estate, and includes a power to revoke or invade the principal of a trust or other property arrangement.\n\n\t\t\t“Property” includes values subject to a beneficiary designation.\n\n\t\t\t“Right to income” includes a right to payments under a commercial or private annuity, an annuity trust, a unitrust, or a similar arrangement.\n\n\t\t\t“Transfer,” as it relates to a transfer by or of the decedent, includes (i) an exercise or release of a presently exercisable general power of appointment held by the decedent, (ii) a lapse at death of a presently exercisable general power of appointment held by the decedent, and (iii) an exercise, release, or lapse of a general power of appointment that the decedent created in himself and of a power described in subdivision 2 b of § 64.2-308.6 that the decedent conferred on a non-adverse party.\n\n","order_by":null,"text":{"0":{"id":1404547,"text":"The provisions of this article shall apply to determining the elective share of a surviving spouse for decedents dying on or after January 1, 2017.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1404548,"text":"As used in this article, unless the context requires a different meaning:\n\t\t\t“Decedent’s non-probate transfers to others” means the amounts that are included in the augmented estate under § 64.2-308.6.\t\t\t“Fractional interest in property held in joint tenancy with the right of survivorship,” whether the fractional interest is unilaterally severable or not, means the fraction, the numerator of which is one and the denominator of which, if the decedent was a joint tenant, is one plus the number of joint tenants who survive the decedent and which, if the decedent was not a joint tenant, is the number of joint tenants.\t\t\t“Marriage,” as it relates to a transfer by the decedent during marriage, means any marriage of the decedent to the decedent’s surviving spouse.\t\t\t“Non-adverse party” means a person who does not have a substantial beneficial interest in the trust or other property arrangement that would be adversely affected by the exercise or non-exercise of the power that he possesses respecting the trust or other property arrangement. A person having a general power of appointment over property is deemed to have a beneficial interest in the property.\t\t\t“Power” or “power of appointment” includes a power to designate the beneficiary of a beneficiary designation.\t\t\t“Presently exercisable general power of appointment” means a power of appointment under which, at the time in question, the decedent, whether or not he then had the capacity to exercise the power, held a power to create a present or future interest in himself, his creditors, his estate, or creditors of his estate, and includes a power to revoke or invade the principal of a trust or other property arrangement.\t\t\t“Property” includes values subject to a beneficiary designation.\t\t\t“Right to income” includes a right to payments under a commercial or private annuity, an annuity trust, a unitrust, or a similar arrangement.\t\t\t“Transfer,” as it relates to a transfer by or of the decedent, includes (i) an exercise or release of a presently exercisable general power of appointment held by the decedent, (ii) a lapse at death of a presently exercisable general power of appointment held by the decedent, and (iii) an exercise, release, or lapse of a general power of appointment that the decedent created in himself and of a power described in subdivision 2 b of § 64.2-308.6 that the decedent conferred on a non-adverse party.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":53498,"edition_id":2,"name":"Elective Share of Surviving Spouse of Decedent Dying on or After January 1, 2017","identifier":"1.1","label":"article","depth":4,"order_by":3,"parent_id":53496,"metadata":{"child_laws":17,"child_structures":0},"date_created":"2026-08-02 03:17:16","date_modified":"2026-08-02 12:37:06","permalink":{"id":1499985,"object_type":"structure","relational_id":53498,"identifier":"1.1","token":"64.2\/II\/3\/1.1","url":"\/64.2\/II\/3\/1.1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53496,"edition_id":2,"name":"Rights of Married Persons","identifier":"3","label":"chapter","depth":3,"order_by":2,"parent_id":53471,"metadata":{"child_laws":42,"child_structures":4},"date_created":"2026-08-02 03:17:15","date_modified":"2026-08-02 12:37:06","permalink":{"id":1499945,"object_type":"structure","relational_id":53496,"identifier":"3","token":"64.2\/II\/3","url":"\/64.2\/II\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53471,"edition_id":2,"name":"Wills and Decedents' Estates","identifier":"II","label":"subtitle","depth":2,"order_by":2,"parent_id":53424,"metadata":{"child_laws":210,"child_structures":29},"date_created":"2026-08-02 03:16:56","date_modified":"2026-08-02 12:37:06","permalink":{"id":1499913,"object_type":"structure","relational_id":53471,"identifier":"II","token":"64.2\/II","url":"\/64.2\/II\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53424,"edition_id":2,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":136,"parent_id":null,"metadata":{"child_laws":776,"child_structures":114},"date_created":"2026-08-02 03:16:27","date_modified":"2026-08-02 12:37:05","permalink":{"id":1499783,"object_type":"structure","relational_id":53424,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":376173,"structure_id":53498,"section_number":"64.2-308.1","catch_line":"Applicability; definitions","url":"\/64.2-308.1\/","token":"64.2\/II\/3\/1.1\/64.2-308.1","metadata":false},{"id":376174,"structure_id":53498,"section_number":"64.2-308.10","catch_line":"Sources from which elective share payable","url":"\/64.2-308.10\/","token":"64.2\/II\/3\/1.1\/64.2-308.10","metadata":false},{"id":376175,"structure_id":53498,"section_number":"64.2-308.11","catch_line":"Personal liability of recipients","url":"\/64.2-308.11\/","token":"64.2\/II\/3\/1.1\/64.2-308.11","metadata":false},{"id":376176,"structure_id":53498,"section_number":"64.2-308.12","catch_line":"Proceeding for elective share; time limit","url":"\/64.2-308.12\/","token":"64.2\/II\/3\/1.1\/64.2-308.12","metadata":false},{"id":376177,"structure_id":53498,"section_number":"64.2-308.13","catch_line":"Right of election personal to surviving spouse; incapacitated surviving spouse","url":"\/64.2-308.13\/","token":"64.2\/II\/3\/1.1\/64.2-308.13","metadata":false},{"id":376178,"structure_id":53498,"section_number":"64.2-308.14","catch_line":"Waiver of right to elect and of other rights; defenses","url":"\/64.2-308.14\/","token":"64.2\/II\/3\/1.1\/64.2-308.14","metadata":false},{"id":376179,"structure_id":53498,"section_number":"64.2-308.15","catch_line":"Protection of payors and other third parties","url":"\/64.2-308.15\/","token":"64.2\/II\/3\/1.1\/64.2-308.15","metadata":false},{"id":376180,"structure_id":53498,"section_number":"64.2-308.16","catch_line":"Rights in family residence","url":"\/64.2-308.16\/","token":"64.2\/II\/3\/1.1\/64.2-308.16","metadata":false},{"id":376181,"structure_id":53498,"section_number":"64.2-308.17","catch_line":"Statutory rights barred by desertion or abandonment","url":"\/64.2-308.17\/","token":"64.2\/II\/3\/1.1\/64.2-308.17","metadata":false},{"id":376182,"structure_id":53498,"section_number":"64.2-308.2","catch_line":"Dower or curtesy abolished","url":"\/64.2-308.2\/","token":"64.2\/II\/3\/1.1\/64.2-308.2","metadata":false},{"id":376183,"structure_id":53498,"section_number":"64.2-308.3","catch_line":"Elective share amount; effect of election on statutory benefits; non-domiciliary","url":"\/64.2-308.3\/","token":"64.2\/II\/3\/1.1\/64.2-308.3","metadata":false},{"id":376184,"structure_id":53498,"section_number":"64.2-308.4","catch_line":"Composition of the augmented estate; marital property portion","url":"\/64.2-308.4\/","token":"64.2\/II\/3\/1.1\/64.2-308.4","metadata":false},{"id":376185,"structure_id":53498,"section_number":"64.2-308.5","catch_line":"Decedent's net probate estate","url":"\/64.2-308.5\/","token":"64.2\/II\/3\/1.1\/64.2-308.5","metadata":false},{"id":376186,"structure_id":53498,"section_number":"64.2-308.6","catch_line":"Decedent's non-probate transfers to others","url":"\/64.2-308.6\/","token":"64.2\/II\/3\/1.1\/64.2-308.6","metadata":false},{"id":376187,"structure_id":53498,"section_number":"64.2-308.7","catch_line":"Decedent's non-probate transfers to the surviving spouse","url":"\/64.2-308.7\/","token":"64.2\/II\/3\/1.1\/64.2-308.7","metadata":false},{"id":376188,"structure_id":53498,"section_number":"64.2-308.8","catch_line":"Surviving spouse's property and non-probate transfers to others","url":"\/64.2-308.8\/","token":"64.2\/II\/3\/1.1\/64.2-308.8","metadata":false},{"id":376189,"structure_id":53498,"section_number":"64.2-308.9","catch_line":"Exclusions, valuation, and overlapping application","url":"\/64.2-308.9\/","token":"64.2\/II\/3\/1.1\/64.2-308.9","metadata":false}],"next_section":{"id":376174,"structure_id":53498,"section_number":"64.2-308.10","catch_line":"Sources from which elective share payable","url":"\/64.2-308.10\/","token":"64.2\/II\/3\/1.1\/64.2-308.10","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-308.1\/","history_text":"

This law was first created in 2016. The record of its establishment is cataloged in chapters 187<\/a> and 269<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":376193,"section_number":"64.2-311","catch_line":"Homestead allowance","order_by":null,"url":"\/64.2-311\/"},{"id":376199,"section_number":"64.2-317","catch_line":"Disposition upon death","order_by":null,"url":"\/64.2-317\/"},{"id":376326,"section_number":"64.2-556","catch_line":"Order to creditors to show cause against distribution of estate to legatees or distributees; liability of legatees or distributees to refund","order_by":null,"url":"\/64.2-556\/"},{"id":376361,"section_number":"64.2-632","catch_line":"Effect of transfer on death deed at transferor's death","order_by":null,"url":"\/64.2-632\/"}],"refers_to":[{"id":376186,"section_number":"64.2-308.6","catch_line":"Decedent's non-probate transfers to others","order_by":null,"url":"\/64.2-308.6\/"}],"permalink":{"id":1499987,"object_type":"law","relational_id":376173,"identifier":"64.2-308.1","token":"64.2\/II\/3\/1.1\/64.2-308.1","url":"\/64.2-308.1\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/64.2-308.1\/","token":"64.2\/II\/3\/1.1\/64.2-308.1","dublin_core":{"Title":"Applicability; definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-308.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The provisions of this article shall apply to determining the elective share of a surviving spouse for decedents dying on or after January 1, 2017. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> As used in this article, unless the context requires a different meaning:\n\t\t\t“Decedent’s non-probate transfers to others” means the amounts that are included in the augmented estate under § 64.2-308.6<\/a>.

\t\t\t“Fractional interest in property<\/span> held in joint tenancy with the right of survivorship,” whether the fractional interest is unilaterally severable or not, means the fraction, the numerator of which is one and the denominator of which, if the decedent was a joint tenant, is one plus the number of joint tenants who survive the decedent and which, if the decedent was not a joint tenant, is the number of joint tenants.

\t\t\t“Marriage,” as it relates to a transfer by the decedent during marriage, means any marriage of the decedent to the decedent’s surviving spouse.

\t\t\t“Non-adverse party<\/span>” means a person who does not have a substantial beneficial interest in the trust or other property<\/span> arrangement that would be adversely affected by the exercise or non-exercise of the power that he possesses respecting the trust or other property<\/span> arrangement. A person having a general power of appointment<\/span> over property<\/span> is deemed to have a beneficial interest in the property<\/span>.

\t\t\t“Power” or “power of appointment<\/span>” includes a power to designate the beneficiary of a beneficiary designation.

\t\t\t“Presently exercisable general power of appointment<\/span><\/span>” means a power of appointment<\/span> under which, at the time in question, the decedent, whether or not he then had the capacity to exercise the power, held a power to create a present or future interest in himself, his creditors<\/span>, his estate, or creditors<\/span> of his estate, and includes a power to revoke or invade the principal of a trust or other property<\/span> arrangement.

\t\t\t“Property<\/span>” includes values<\/span> subject to a beneficiary designation.

\t\t\t“Right to income<\/span>” includes a right to payments under a commercial or private annuity, an annuity trust, a unitrust, or a similar arrangement.

\t\t\t“Transfer,” as it relates to a transfer by or of the decedent, includes (i) an exercise or release of a presently exercisable general power of appointment<\/span><\/span> held by the decedent, (ii) a lapse at death of a presently exercisable general power of appointment<\/span><\/span> held by the decedent, and (iii) an exercise, release, or lapse of a general power of appointment<\/span> that the decedent created in himself and of a power described in subdivision 2 b of § 64.2-308.6<\/a> that the decedent conferred on a non-adverse party<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPLICABILITY; DEFINITIONS (\u00a7 64.2-308.1)\n\nA. The provisions of this article shall apply to determining the elective share\nof a surviving spouse for decedents dying on or after January 1, 2017.\n\nB. As used in this article, unless the context requires a different meaning:\n\t\t\t“Decedent’s non-probate transfers to others” means the\namounts that are included in the augmented estate under §\n64.2-308.6.\t\t\t“Fractional interest in property held in joint tenancy with\nthe right of survivorship,” whether the fractional interest is\nunilaterally severable or not, means the fraction, the numerator of which is one\nand the denominator of which, if the decedent was a joint tenant, is one plus\nthe number of joint tenants who survive the decedent and which, if the decedent\nwas not a joint tenant, is the number of joint\ntenants.\t\t\t“Marriage,” as it relates to a transfer by the decedent\nduring marriage, means any marriage of the decedent to the decedent’s\nsurviving spouse.\t\t\t“Non-adverse party” means a person who does not\nhave a substantial beneficial interest in the trust or other property\narrangement that would be adversely affected by the exercise or non-exercise of\nthe power that he possesses respecting the trust or other property arrangement.\nA person having a general power of appointment over property is deemed to have a\nbeneficial interest in the property.\t\t\t“Power” or “power of\nappointment” includes a power to designate the beneficiary of a\nbeneficiary designation.\t\t\t“Presently exercisable general power of\nappointment” means a power of appointment under which, at the time in\nquestion, the decedent, whether or not he then had the capacity to exercise the\npower, held a power to create a present or future interest in himself, his\ncreditors, his estate, or creditors of his estate, and includes a power to\nrevoke or invade the principal of a trust or other property\narrangement.\t\t\t“Property” includes values subject to a beneficiary\ndesignation.\t\t\t“Right to income” includes a right to payments under\na commercial or private annuity, an annuity trust, a unitrust, or a similar\narrangement.\t\t\t“Transfer,” as it relates to a transfer by or of the\ndecedent, includes (i) an exercise or release of a presently exercisable general\npower of appointment held by the decedent, (ii) a lapse at death of a presently\nexercisable general power of appointment held by the decedent, and (iii) an\nexercise, release, or lapse of a general power of appointment that the decedent\ncreated in himself and of a power described in subdivision 2 b of §\n64.2-308.6 that the decedent conferred on a non-adverse party.\n\nHISTORY: 2016, cc. 187, 269.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}