{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-107.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-107.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-107.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-107.html"}],"law_id":76237,"edition_id":1,"section_id":76237,"structure_id":13833,"section_number":"64.2-107","catch_line":"Power granted to personal representatives to make election regarding marital deduction as to certain qualifying terminable interest property; binding effect of election","history":"1982, c. 551, \u00a7 64.1-57.2; 1983, c. 54; 1999, c. 197; 2012, c. 614.","full_text":"A\n\nFor purposes of this section, “personal representative” includes the trustee of a qualified terminable interest property trust if there has been no qualification of a personal representative for the estate of the decedent who created the trust.B\n\nPersonal representatives, whether heretofore or hereafter qualified, are hereby granted the power to make the election on the return of their decedents as required pursuant to § 2056(b)(7) of the Internal Revenue Code of 1954, as amended, to obtain the marital deduction for bequests or devises of qualifying terminable interest property in favor of the surviving spouse created under a will or inter vivos trust of the decedent.C\n\nIf the personal representative determines in good faith to make or not to make such an election and does not act imprudently in making such decision, the decision shall be final and binding upon all of the beneficiaries of the estate.","order_by":null,"text":{"0":{"id":273731,"text":"For purposes of this section, “personal representative” includes the trustee of a qualified terminable interest property trust if there has been no qualification of a personal representative for the estate of the decedent who created the trust.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":273732,"text":"Personal representatives, whether heretofore or hereafter qualified, are hereby granted the power to make the election on the return of their decedents as required pursuant to § 2056(b)(7) of the Internal Revenue Code of 1954, as amended, to obtain the marital deduction for bequests or devises of qualifying terminable interest property in favor of the surviving spouse created under a will or inter vivos trust of the decedent.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":273733,"text":"If the personal representative determines in good faith to make or not to make such an election and does not act imprudently in making such decision, the decision shall be final and binding upon all of the beneficiaries of the estate.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13833,"edition_id":1,"name":"General Provisions","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13832,"metadata":{},"date_created":"2026-06-26 03:46:01","date_modified":"2026-06-26 03:46:01","permalink":{"id":272797,"object_type":"structure","relational_id":13833,"identifier":"2","token":"64.2\/I\/1\/2","url":"\/64.2\/I\/1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13832,"edition_id":1,"name":"Definitions and General Provisions","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":13831,"metadata":{},"date_created":"2026-06-26 03:46:01","date_modified":"2026-06-26 03:46:01","permalink":{"id":272785,"object_type":"structure","relational_id":13832,"identifier":"1","token":"64.2\/I\/1","url":"\/64.2\/I\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13831,"edition_id":1,"name":"General Provisions","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:46:01","date_modified":"2026-06-26 03:46:01","permalink":{"id":272783,"object_type":"structure","relational_id":13831,"identifier":"I","token":"64.2\/I","url":"\/64.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65069,"structure_id":13833,"section_number":"64.2-102","catch_line":"Meaning of child and related terms","url":"\/64.2-102\/","token":"64.2\/I\/1\/2\/64.2-102","metadata":false},{"id":78624,"structure_id":13833,"section_number":"64.2-103","catch_line":"Evidence of paternity","url":"\/64.2-103\/","token":"64.2\/I\/1\/2\/64.2-103","metadata":false},{"id":60761,"structure_id":13833,"section_number":"64.2-104","catch_line":"Incorporation by reference into a will, power of attorney, or trust instrument","url":"\/64.2-104\/","token":"64.2\/I\/1\/2\/64.2-104","metadata":false},{"id":79409,"structure_id":13833,"section_number":"64.2-105","catch_line":"Incorporation by reference of certain powers of fiduciaries into will or trust instrument","url":"\/64.2-105\/","token":"64.2\/I\/1\/2\/64.2-105","metadata":false},{"id":84209,"structure_id":13833,"section_number":"64.2-106","catch_line":"Grant of certain powers to personal representative or trustee by circuit court","url":"\/64.2-106\/","token":"64.2\/I\/1\/2\/64.2-106","metadata":false},{"id":76237,"structure_id":13833,"section_number":"64.2-107","catch_line":"Power granted to personal representatives to make election regarding marital deduction as to certain qualifying terminable interest property; binding effect of election","url":"\/64.2-107\/","token":"64.2\/I\/1\/2\/64.2-107","metadata":false},{"id":54847,"structure_id":13833,"section_number":"64.2-108","catch_line":"Power granted to personal representatives and trustees to donate conservation or open-space easements","url":"\/64.2-108\/","token":"64.2\/I\/1\/2\/64.2-108","metadata":false},{"id":62577,"structure_id":13833,"section_number":"64.2-108.1","catch_line":"References to former sections, articles, or chapters","url":"\/64.2-108.1\/","token":"64.2\/I\/1\/2\/64.2-108.1","metadata":false},{"id":71725,"structure_id":13833,"section_number":"64.2-108.2","catch_line":"Provision in certain trust void","url":"\/64.2-108.2\/","token":"64.2\/I\/1\/2\/64.2-108.2","metadata":false}],"previous_section":{"id":84209,"structure_id":13833,"section_number":"64.2-106","catch_line":"Grant of certain powers to personal representative or trustee by circuit court","url":"\/64.2-106\/","token":"64.2\/I\/1\/2\/64.2-106","metadata":false},"next_section":{"id":54847,"structure_id":13833,"section_number":"64.2-108","catch_line":"Power granted to personal representatives and trustees to donate conservation or open-space easements","url":"\/64.2-108\/","token":"64.2\/I\/1\/2\/64.2-108","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-107\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 551 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. Unfortunately, the 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 1983, chapter 54; in 1999, chapter 197<\/a>; in 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":272819,"object_type":"law","relational_id":76237,"identifier":"64.2-107","token":"64.2\/I\/1\/2\/64.2-107","url":"\/64.2-107\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-107\/","token":"64.2\/I\/1\/2\/64.2-107","dublin_core":{"Title":"Power granted to personal representatives to make election regarding marital deduction as to certain qualifying terminable interest property; binding effect of election","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-107","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this section, “personal representative<\/span>” includes the trustee<\/span> of a qualified terminable interest property trust if there has been no qualification of a personal representative<\/span> for the estate of the decedent who created the trust. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Personal representatives<\/span>, whether heretofore or hereafter qualified, are hereby granted the power to make the election on the return of their decedents as required pursuant to § 2056(b)(7) of the Internal Revenue Code of 1954, as amended, to obtain the marital deduction for bequests or devises of qualifying terminable interest property in favor of the surviving spouse created under a will<\/span> or inter vivos trust of the decedent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the personal representative<\/span> determines in good faith to make or not to make such an election and does not act imprudently in making such decision, the decision shall be final and binding upon all of the beneficiaries of the estate. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWER GRANTED TO PERSONAL REPRESENTATIVES TO MAKE ELECTION REGARDING MARITAL\nDEDUCTION AS TO CERTAIN QUALIFYING TERMINABLE INTEREST PROPERTY; BINDING EFFECT\nOF ELECTION (\u00a7 64.2-107)\n\nA. For purposes of this section, “personal representative” includes\nthe trustee of a qualified terminable interest property trust if there has been\nno qualification of a personal representative for the estate of the decedent who\ncreated the trust.\n\nB. Personal representatives, whether heretofore or hereafter qualified, are\nhereby granted the power to make the election on the return of their decedents\nas required pursuant to § 2056(b)(7) of the Internal Revenue Code of 1954,\nas amended, to obtain the marital deduction for bequests or devises of\nqualifying terminable interest property in favor of the surviving spouse created\nunder a will or inter vivos trust of the decedent.\n\nC. If the personal representative determines in good faith to make or not to\nmake such an election and does not act imprudently in making such decision, the\ndecision shall be final and binding upon all of the beneficiaries of the estate.\n\nHISTORY: 1982, c. 551, \u00a7 64.1-57.2; 1983, c. 54; 1999, c. 197; 2012, c. 614.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}