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  • Title 64.2: Wills, Trusts, and Fiduciaries
  • Subtitle II: Wills and Decedents' Estates
  • Chapter 3: Rights of Married Persons
  • Article 1: Elective Share of Surviving Spouse

Elective Share of Surviving Spouse

This is the 2025 edition of the code. There is not the current edition. Browse all editions.

This is Article 1 of the Code of Virginia, titled “Elective Share of Surviving Spouse.” It is part of Chapter 3 “Rights of Married Persons”, which is part of Subtitle II “Wills and Decedents' Estates”, which is part of Title 64.2 “Wills, Trusts, and Fiduciaries”.

It’s comprised of the following 9 sections.

§ 64.2-300 Applicability; definitions
§ 64.2-301 Dower or curtesy abolished
§ 64.2-302 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 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

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