{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/64.2-308.8.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/64.2-308.8.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/64.2-308.8.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/64.2-308.8.html"}],"law_id":376188,"edition_id":2,"section_id":376188,"structure_id":53498,"section_number":"64.2-308.8","catch_line":"Surviving spouse’s property and non-probate transfers to others","history":"2016, cc. 187, 269.","full_text":"A\n\nExcept to the extent included in the augmented estate under \u00a7 64.2-308.5 or 64.2-308.7, the value of the augmented estate includes the value of:\n\n1\n\nProperty that was owned by the decedent’s surviving spouse at the decedent’s death, including:\n\t\t\t\ta. The surviving spouse’s fractional interest in property held in joint tenancy with the right of survivorship;\n\n\t\t\t\tb. The surviving spouse’s ownership interest in property or accounts held in co-ownership registration with the right of survivorship; and\n\n\t\t\t\tc. Property that passed to the surviving spouse by reason of the decedent’s death, but not including the spouse’s right to homestead allowance, family allowance, exempt property, or payments under the federal social security system.\n\n2\n\nProperty that would have been included in the surviving spouse’s non-probate transfers to others, other than the spouse’s fractional and ownership interests included under subdivision 1 a or b, had the spouse been the decedent.\n\nB\n\nProperty included under this section is valued at the decedent’s death, taking the fact that the decedent predeceased the spouse into account, but, for purposes of subdivision A 1 a or b, the values of the spouse’s fractional and ownership interests are determined immediately before the decedent’s death if the decedent was then a joint tenant or a co-owner of the property or accounts. For purposes of subdivision A 2, proceeds of insurance that would have been included in the spouse’s non-probate transfers to others under subdivision 1 d of § 64.2-308.6 are not valued as if the spouse were deceased.\n\nC\n\nThe value of property included under this section is reduced by enforceable claims against the surviving spouse.\n\n","order_by":null,"text":{"0":{"id":1404602,"text":"Except to the extent included in the augmented estate under \u00a7 64.2-308.5 or 64.2-308.7, the value of the augmented estate includes the value of:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":1404603,"text":"Property that was owned by the decedent’s surviving spouse at the decedent’s death, including:\n\t\t\t\ta. The surviving spouse’s fractional interest in property held in joint tenancy with the right of survivorship;\t\t\t\tb. The surviving spouse’s ownership interest in property or accounts held in co-ownership registration with the right of survivorship; and\t\t\t\tc. Property that passed to the surviving spouse by reason of the decedent’s death, but not including the spouse’s right to homestead allowance, family allowance, exempt property, or payments under the federal social security system.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":1404604,"text":"Property that would have been included in the surviving spouse’s non-probate transfers to others, other than the spouse’s fractional and ownership interests included under subdivision 1 a or b, had the spouse been the decedent.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":1404605,"text":"Property included under this section is valued at the decedent’s death, taking the fact that the decedent predeceased the spouse into account, but, for purposes of subdivision A 1 a or b, the values of the spouse’s fractional and ownership interests are determined immediately before the decedent’s death if the decedent was then a joint tenant or a co-owner of the property or accounts. For purposes of subdivision A 2, proceeds of insurance that would have been included in the spouse’s non-probate transfers to others under subdivision 1 d of § 64.2-308.6 are not valued as if the spouse were deceased.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":1404606,"text":"The value of property included under this section is reduced by enforceable claims against the surviving spouse.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-308.8\/","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":376174,"section_number":"64.2-308.10","catch_line":"Sources from which elective share payable","order_by":null,"url":"\/64.2-308.10\/"},{"id":376184,"section_number":"64.2-308.4","catch_line":"Composition of the augmented estate; marital property portion","order_by":null,"url":"\/64.2-308.4\/"},{"id":376189,"section_number":"64.2-308.9","catch_line":"Exclusions, valuation, and overlapping application","order_by":null,"url":"\/64.2-308.9\/"}],"refers_to":[{"id":376185,"section_number":"64.2-308.5","catch_line":"Decedent's net probate estate","order_by":null,"url":"\/64.2-308.5\/"},{"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\/"},{"id":376187,"section_number":"64.2-308.7","catch_line":"Decedent's non-probate transfers to the surviving spouse","order_by":null,"url":"\/64.2-308.7\/"}],"permalink":{"id":1500047,"object_type":"law","relational_id":376188,"identifier":"64.2-308.8","token":"64.2\/II\/3\/1.1\/64.2-308.8","url":"\/64.2-308.8\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/64.2-308.8\/","token":"64.2\/II\/3\/1.1\/64.2-308.8","dublin_core":{"Title":"Surviving spouse’s property and non-probate transfers to others","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-308.8","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except to the extent included in the augmented estate under \u00a7 64.2-308.5<\/a> or 64.2-308.7<\/a>, the value<\/span> of the augmented estate includes the value<\/span> of: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Property that was owned by the decedent’s surviving spouse at the decedent’s death, including:\n\t\t\t\ta. The surviving spouse’s fractional interest in property held in joint tenancy with the right of survivorship;

\t\t\t\tb. The surviving spouse’s ownership interest in property or accounts held in co-ownership registration with the right of survivorship; and

\t\t\t\tc. Property that passed to the surviving spouse by reason of the decedent’s death, but not including the spouse’s right to homestead allowance, family allowance, exempt property, or payments under the federal social security system. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Property that would have been included in the surviving spouse’s non-probate transfers to others, other than the spouse’s fractional and ownership interests included under subdivision 1 a or b, had the spouse been the decedent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Property included under this section is valued at the decedent’s death, taking the fact<\/span> that the decedent predeceased the spouse into account, but, for purposes of subdivision A 1 a or b, the values<\/span> of the spouse’s fractional and ownership interests are determined immediately before the decedent’s death if the decedent was then a joint tenant or a co-owner of the property or accounts. For purposes of subdivision A 2, proceeds of insurance that would have been included in the spouse’s non-probate transfers to others under subdivision 1 d of § 64.2-308.6<\/a> are not valued as if the spouse were deceased. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The value<\/span> of property included under this section is reduced by enforceable claims against the surviving spouse. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSURVIVING SPOUSE’S PROPERTY AND NON-PROBATE TRANSFERS TO OTHERS (\u00a7\n64.2-308.8)\n\nA. Except to the extent included in the augmented estate under \u00a7 64.2-308.5 or\n64.2-308.7, the value of the augmented estate includes the value of:\n\n 1. Property that was owned by the decedent’s surviving spouse at the\n decedent’s death, including:\n \t\t\t\ta. The surviving spouse’s fractional interest in property held in\n joint tenancy with the right of survivorship;\t\t\t\tb. The surviving\n spouse’s ownership interest in property or accounts held in co-ownership\n registration with the right of survivorship; and\t\t\t\tc. Property that passed to\n the surviving spouse by reason of the decedent’s death, but not\n including the spouse’s right to homestead allowance, family allowance,\n exempt property, or payments under the federal social security system.\n\n 2. Property that would have been included in the surviving spouse’s\n non-probate transfers to others, other than the spouse’s fractional and\n ownership interests included under subdivision 1 a or b, had the spouse been\n the decedent.\n\nB. Property included under this section is valued at the decedent’s death,\ntaking the fact that the decedent predeceased the spouse into account, but, for\npurposes of subdivision A 1 a or b, the values of the spouse’s fractional\nand ownership interests are determined immediately before the decedent’s\ndeath if the decedent was then a joint tenant or a co-owner of the property or\naccounts. For purposes of subdivision A 2, proceeds of insurance that would have\nbeen included in the spouse’s non-probate transfers to others under\nsubdivision 1 d of § 64.2-308.6 are not valued as if the spouse were\ndeceased.\n\nC. The value of property included under this section is reduced by enforceable\nclaims against the surviving spouse.\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"}}