CODE OF VIRGINIA

RIGHTS UPON CLAIMING AN ELECTIVE SHARE (§ 64.2-304)

If a claim for an elective share is made, the surviving spouse is entitled to
(i) one-third of the decedent’s augmented estate if the decedent left
surviving children or their descendants or (ii) one-half of the decedent’s
augmented estate if the decedent left no surviving children or their
descendants. The surviving spouse is entitled to interest at the legal rate
specified in § 6.2-301 from the date of the decedent’s death to the date
of satisfaction of the elective share.

HISTORY: Code 1950, § 64-16; 1968, c. 656, § 64.1-16; 1978, c. 647; 1986, c.
526; 1990, c. 831; 2012, c. 614.