{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/64.2-302.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/64.2-302.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/64.2-302.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/64.2-302.html"}],"law_id":376167,"edition_id":2,"section_id":376167,"structure_id":53497,"section_number":"64.2-302","catch_line":"When and how elective share may be claimed by surviving spouse","history":"Code 1950, \u00a7 64-13; 1968, c. 656, \u00a7 64.1-13; 1990, c. 831; 1995, c. 211; 2012, c. 614.","full_text":"A\n\nA surviving spouse may claim an elective share regardless of whether (i) any provision for the surviving spouse is made in the decedent’s will or (ii) the decedent dies intestate.\n\nB\n\nThe surviving spouse of a decedent who dies domiciled in the Commonwealth may claim an elective share in the decedent’s augmented estate within six months from the later of (i) the time of the admission of the decedent’s will to probate or (ii) the qualification of an administrator on the decedent’s intestate estate. The claim to an elective share shall be made either in person before the court having jurisdiction over administration of the decedent’s estate, or by a writing recorded in the court or the clerk’s office thereof, upon such acknowledgment or proof as would authorize a writing to be admitted to record under Chapter 6 (§ 55.1-600 et seq.) of Title 55.1.\n\nC\n\nThe right, if any, of the surviving spouse of a decedent who dies domiciled outside of the Commonwealth to take an elective share based upon the value of property in the Commonwealth is governed by the law of the decedent’s domicile at death.\n\n","order_by":null,"text":{"0":{"id":1404524,"text":"A surviving spouse may claim an elective share regardless of whether (i) any provision for the surviving spouse is made in the decedent’s will or (ii) the decedent dies intestate.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1404525,"text":"The surviving spouse of a decedent who dies domiciled in the Commonwealth may claim an elective share in the decedent’s augmented estate within six months from the later of (i) the time of the admission of the decedent’s will to probate or (ii) the qualification of an administrator on the decedent’s intestate estate. The claim to an elective share shall be made either in person before the court having jurisdiction over administration of the decedent’s estate, or by a writing recorded in the court or the clerk’s office thereof, upon such acknowledgment or proof as would authorize a writing to be admitted to record under Chapter 6 (§ 55.1-600 et seq.) of Title 55.1.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1404526,"text":"The right, if any, of the surviving spouse of a decedent who dies domiciled outside of the Commonwealth to take an elective share based upon the value of property in the Commonwealth is governed by the law of the decedent’s domicile at death.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":53497,"edition_id":2,"name":"Elective Share of Surviving Spouse of Decedent Dying Before January 1, 2017","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":53496,"metadata":{"child_laws":9,"child_structures":0},"date_created":"2026-08-02 03:17:15","date_modified":"2026-08-02 12:37:06","permalink":{"id":1499947,"object_type":"structure","relational_id":53497,"identifier":"1","token":"64.2\/II\/3\/1","url":"\/64.2\/II\/3\/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":376165,"structure_id":53497,"section_number":"64.2-300","catch_line":"Applicability; definitions","url":"\/64.2-300\/","token":"64.2\/II\/3\/1\/64.2-300","metadata":false},{"id":376166,"structure_id":53497,"section_number":"64.2-301","catch_line":"Dower or curtesy abolished","url":"\/64.2-301\/","token":"64.2\/II\/3\/1\/64.2-301","metadata":false},{"id":376167,"structure_id":53497,"section_number":"64.2-302","catch_line":"When and how elective share may be claimed by surviving spouse","url":"\/64.2-302\/","token":"64.2\/II\/3\/1\/64.2-302","metadata":false},{"id":376168,"structure_id":53497,"section_number":"64.2-303","catch_line":"Extension of time until after determination of action for construction of will or extent of augmented estate","url":"\/64.2-303\/","token":"64.2\/II\/3\/1\/64.2-303","metadata":false},{"id":376169,"structure_id":53497,"section_number":"64.2-304","catch_line":"Rights upon claiming an elective share","url":"\/64.2-304\/","token":"64.2\/II\/3\/1\/64.2-304","metadata":{"court_decisions":""}},{"id":376170,"structure_id":53497,"section_number":"64.2-305","catch_line":"Augmented estate; exclusions; valuation","url":"\/64.2-305\/","token":"64.2\/II\/3\/1\/64.2-305","metadata":false},{"id":376171,"structure_id":53497,"section_number":"64.2-306","catch_line":"Charging spouse with the value of property received; liability of others for balance of elective share","url":"\/64.2-306\/","token":"64.2\/II\/3\/1\/64.2-306","metadata":false},{"id":376172,"structure_id":53497,"section_number":"64.2-307","catch_line":"Rights in family residence","url":"\/64.2-307\/","token":"64.2\/II\/3\/1\/64.2-307","metadata":false},{"id":376190,"structure_id":53497,"section_number":"64.2-308","catch_line":"Statutory rights barred by desertion or abandonment","url":"\/64.2-308\/","token":"64.2\/II\/3\/1\/64.2-308","metadata":false}],"previous_section":{"id":376166,"structure_id":53497,"section_number":"64.2-301","catch_line":"Dower or curtesy abolished","url":"\/64.2-301\/","token":"64.2\/II\/3\/1\/64.2-301","metadata":false},"next_section":{"id":376168,"structure_id":53497,"section_number":"64.2-303","catch_line":"Extension of time until after determination of action for construction of will or extent of augmented estate","url":"\/64.2-303\/","token":"64.2\/II\/3\/1\/64.2-303","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-302\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1968, chapter 656; in 1990, chapter 831; in 1995, chapter 211<\/a>; in 2012, chapter 614<\/a>.<\/p>","references":[{"id":375989,"section_number":"64.2-1805","catch_line":"Powers of guardian","order_by":null,"url":"\/64.2-1805\/"},{"id":376042,"section_number":"64.2-2022","catch_line":"Management powers and duties of conservator","order_by":null,"url":"\/64.2-2022\/"},{"id":376168,"section_number":"64.2-303","catch_line":"Extension of time until after determination of action for construction of will or extent of augmented estate","order_by":null,"url":"\/64.2-303\/"},{"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":369945,"section_number":"55.1-600","catch_line":"When and where writings recorded","order_by":null,"url":"\/55.1-600\/"}],"permalink":{"id":1499957,"object_type":"law","relational_id":376167,"identifier":"64.2-302","token":"64.2\/II\/3\/1\/64.2-302","url":"\/64.2-302\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/64.2-302\/","token":"64.2\/II\/3\/1\/64.2-302","dublin_core":{"Title":"When and how elective share may be claimed by surviving spouse","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-302","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A surviving spouse may claim an elective share regardless of whether (i) any provision for the surviving spouse is made in the decedent’s will<\/span> or (ii) the decedent dies intestate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The surviving spouse of a decedent who dies domiciled in the Commonwealth may claim an elective share in the decedent’s augmented estate within six months from the later of (i) the time of the admission of the decedent’s will<\/span> to probate or (ii) the qualification of an administrator on the decedent’s intestate estate. The claim to an elective share shall be made either in person before the court<\/span> having jurisdiction<\/span> over administration of the decedent’s estate, or by a writing recorded in the court<\/span> or the clerk’s office thereof, upon such acknowledgment or proof as would authorize a writing to be admitted to record under Chapter 6 (§ 55.1-600<\/a> et seq.) of Title 55.1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The right, if any, of the surviving spouse of a decedent who dies domiciled outside of the Commonwealth to take an elective share based upon the value<\/span> of property in the Commonwealth is governed by the law<\/span> of the decedent’s domicile at death. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN AND HOW ELECTIVE SHARE MAY BE CLAIMED BY SURVIVING SPOUSE (\u00a7 64.2-302)\n\nA. A surviving spouse may claim an elective share regardless of whether (i) any\nprovision for the surviving spouse is made in the decedent’s will or (ii)\nthe decedent dies intestate.\n\nB. The surviving spouse of a decedent who dies domiciled in the Commonwealth may\nclaim an elective share in the decedent’s augmented estate within six\nmonths from the later of (i) the time of the admission of the decedent’s\nwill to probate or (ii) the qualification of an administrator on the\ndecedent’s intestate estate. The claim to an elective share shall be made\neither in person before the court having jurisdiction over administration of the\ndecedent’s estate, or by a writing recorded in the court or the\nclerk’s office thereof, upon such acknowledgment or proof as would\nauthorize a writing to be admitted to record under Chapter 6 (§ 55.1-600 et\nseq.) of Title 55.1.\n\nC. The right, if any, of the surviving spouse of a decedent who dies domiciled\noutside of the Commonwealth to take an elective share based upon the value of\nproperty in the Commonwealth is governed by the law of the decedent’s\ndomicile at death.\n\nHISTORY: Code 1950, \u00a7 64-13; 1968, c. 656, \u00a7 64.1-13; 1990, c. 831; 1995, c.\n211; 2012, c. 614.","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"}}