{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-300.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-300.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-300.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-300.html"}],"law_id":82689,"edition_id":1,"section_id":82689,"structure_id":13685,"section_number":"64.2-300","catch_line":"Applicability; definitions","history":"1990, c. 831, \u00a7\u00a7 64.1-16.1, 64.1-16.2; 1992, cc. 617, 647; 1998, c. 234; 1999, c. 38; 2007, c. 308; 2012, c. 614; 2016, cc. 187, 269.","full_text":"A\n\nThe provisions of this article shall apply to determining the elective share of a surviving spouse for decedents dying before January 1, 2017.B\n\nAs used in this article, the terms “estate” and “property” shall include insurance policies, retirement benefits exclusive of federal social security benefits, annuities, pension plans, deferred compensation arrangements, and employee benefit plans to the extent owned by, vested in, or subject to the control of the decedent on the date of his death or the date of an irrevocable transfer by him during his lifetime. All such insurance policies and other benefits are included in the terms “estate” and “property” notwithstanding the presence of language contained in any statute otherwise providing that neither they nor their proceeds shall be liable to attachment, garnishment, levy, execution, or other legal process or be seized, taken, appropriated, or applied by any legal or equitable process or operation of law or any other such similar language.","order_by":null,"text":{"0":{"id":296210,"text":"The provisions of this article shall apply to determining the elective share of a surviving spouse for decedents dying before January 1, 2017.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":296211,"text":"As used in this article, the terms “estate” and “property” shall include insurance policies, retirement benefits exclusive of federal social security benefits, annuities, pension plans, deferred compensation arrangements, and employee benefit plans to the extent owned by, vested in, or subject to the control of the decedent on the date of his death or the date of an irrevocable transfer by him during his lifetime. All such insurance policies and other benefits are included in the terms “estate” and “property” notwithstanding the presence of language contained in any statute otherwise providing that neither they nor their proceeds shall be liable to attachment, garnishment, levy, execution, or other legal process or be seized, taken, appropriated, or applied by any legal or equitable process or operation of law or any other such similar language.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13685,"edition_id":1,"name":"Elective Share of Surviving Spouse","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12864,"metadata":{},"date_created":"2026-06-26 03:45:33","date_modified":"2026-06-26 03:45:33","permalink":{"id":272945,"object_type":"structure","relational_id":13685,"identifier":"1","token":"64.2\/II\/3\/1","url":"\/64.2\/II\/3\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12864,"edition_id":1,"name":"Rights of Married Persons","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12863,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":272943,"object_type":"structure","relational_id":12864,"identifier":"3","token":"64.2\/II\/3","url":"\/64.2\/II\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12863,"edition_id":1,"name":"Wills and Decedents' Estates","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":272911,"object_type":"structure","relational_id":12863,"identifier":"II","token":"64.2\/II","url":"\/64.2\/II\/","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":82689,"structure_id":13685,"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":65456,"structure_id":13685,"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":75301,"structure_id":13685,"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":67214,"structure_id":13685,"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":75855,"structure_id":13685,"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":false},{"id":60057,"structure_id":13685,"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":62978,"structure_id":13685,"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":54664,"structure_id":13685,"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":75762,"structure_id":13685,"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}],"next_section":{"id":65456,"structure_id":13685,"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-300\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 831 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 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 6 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 1992, chapters 617 and 647; in 1998, chapter 234<\/a>; in 1999, chapter 38<\/a>; in 2007, chapter 308<\/a>; in 2012, chapter 614<\/a>; in 2016, chapters 187<\/a> and 269<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":272947,"object_type":"law","relational_id":82689,"identifier":"64.2-300","token":"64.2\/II\/3\/1\/64.2-300","url":"\/64.2-300\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-300\/","token":"64.2\/II\/3\/1\/64.2-300","dublin_core":{"Title":"Applicability; definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-300","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The provisions of this article shall apply to determining the elective share of a surviving spouse for decedents dying before January 1, 2017. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> As used in this article, the terms “estate<\/span>” and “property<\/span>” shall include insurance policies, retirement benefits exclusive of federal social security benefits, annuities, pension plans, deferred compensation arrangements, and employee benefit plans to the extent owned by, vested in, or subject to the control of the decedent on the date of his death or the date of an irrevocable transfer by him during his lifetime. All such insurance policies and other benefits are included in the terms “estate<\/span>” and “property<\/span>” notwithstanding the presence of language contained in any statute<\/span> otherwise providing that neither they nor their proceeds shall be liable to attachment<\/span>, garnishment<\/span>, levy<\/span>, execution, or other legal process or be seized, taken, appropriated, or applied by any legal or equitable<\/span> process or operation of law<\/span> or any other such similar language. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPLICABILITY; DEFINITIONS (\u00a7 64.2-300)\n\nA. The provisions of this article shall apply to determining the elective share\nof a surviving spouse for decedents dying before January 1, 2017.\n\nB. As used in this article, the terms “estate” and\n“property” shall include insurance policies, retirement benefits\nexclusive of federal social security benefits, annuities, pension plans,\ndeferred compensation arrangements, and employee benefit plans to the extent\nowned by, vested in, or subject to the control of the decedent on the date of\nhis death or the date of an irrevocable transfer by him during his lifetime. All\nsuch insurance policies and other benefits are included in the terms\n“estate” and “property” notwithstanding the presence of\nlanguage contained in any statute otherwise providing that neither they nor\ntheir proceeds shall be liable to attachment, garnishment, levy, execution, or\nother legal process or be seized, taken, appropriated, or applied by any legal\nor equitable process or operation of law or any other such similar language.\n\nHISTORY: 1990, c. 831, \u00a7\u00a7 64.1-16.1, 64.1-16.2; 1992, cc. 617, 647; 1998, c.\n234; 1999, c. 38; 2007, c. 308; 2012, c. 614; 2016, cc. 187, 269.","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}}