{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-306.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-306.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-306.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-306.html"}],"law_id":62978,"edition_id":1,"section_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","history":"1990, c. 831, \u00a7 64.1-16.2; 1992, cc. 617, 647; 2007, c. 308; 2012, c. 614.","full_text":"A\n\nIn determining the elective share, the value of property included in the augmented estate that passes or has passed to the surviving spouse, or that would have passed to the spouse but was disclaimed, is applied first to satisfy the elective share in order to reduce any contributions due from other recipients of transfers included in the augmented estate.B\n\nThe recipients of the remaining property of the augmented estate are liable to contribute the balance of the elective share and any interest thereon in proportion to the value of their interests.C\n\nThe only persons subject to contribution to make up the elective share are (i) an original transferee from or appointee of the decedent, and any subsequent gratuitous inter vivos donee or person claiming by will or intestate succession, to the extent such person has the property or its proceeds on or after the date of the decedent’s death, and (ii) a fiduciary, as to the property under the fiduciary’s control at or after the time a fiduciary receives notice that a surviving spouse has claimed an elective share in the decedent’s estate. A corporate fiduciary shall not be considered to have notice until it receives notice at its address as shown in the decedent’s estate papers in the clerk’s office or, if there are no such papers or no address is shown therein, at the office of its registered agent.\n\t\t\tNo other party is subject to contribution to make up the elective share even though the party makes a payment or transfers an item of property or other benefit to any person with actual knowledge that a surviving spouse has claimed an elective share in the decedent’s estate.D\n\nUpon the petition of the surviving spouse, the decedent’s personal representative, or any party in interest, the court having jurisdiction over the administration of the decedent’s estate shall determine the amount of the elective share and the ratable portion of the elective share attributable to each person liable to contribution. Such petition may be brought against fewer than all persons from whom relief could be sought, but no person is subject to contribution in any amount greater than that which he would have been if relief had been secured against all persons subject to contribution.E\n\nWithin 30 days after the court’s determination of the contributions due under subsection D becomes final and not subject to further appeal, any person liable to the surviving spouse for contribution may file with the court a written statement specifying any of the following methods for satisfying his contribution and interest liability:1\n\nConveyance to the surviving spouse of a portion of the property included in the augmented estate equal in value to his liability on the date the contribution statement is filed, or if, on the date of filing, the value of the property included in the augmented estate is less than his liability, conveyance to the surviving spouse of the entire property included in the augmented estate in full satisfaction;2\n\nPayment of the value of his liability in cash or, upon agreement of the surviving spouse, other property; or3\n\nPartial conveyance and partial payment under subdivisions 1 and 2, provided that the value conveyed and paid is equal to his liability.\n\t\t\t\tIn the event a contribution statement is not filed within 30 days, the court shall enter an order specifying the method by which a person’s liability to the surviving spouse shall be satisfied.","order_by":null,"text":{"0":{"id":229720,"text":"In determining the elective share, the value of property included in the augmented estate that passes or has passed to the surviving spouse, or that would have passed to the spouse but was disclaimed, is applied first to satisfy the elective share in order to reduce any contributions due from other recipients of transfers included in the augmented estate.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":229721,"text":"The recipients of the remaining property of the augmented estate are liable to contribute the balance of the elective share and any interest thereon in proportion to the value of their interests.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":229722,"text":"The only persons subject to contribution to make up the elective share are (i) an original transferee from or appointee of the decedent, and any subsequent gratuitous inter vivos donee or person claiming by will or intestate succession, to the extent such person has the property or its proceeds on or after the date of the decedent’s death, and (ii) a fiduciary, as to the property under the fiduciary’s control at or after the time a fiduciary receives notice that a surviving spouse has claimed an elective share in the decedent’s estate. A corporate fiduciary shall not be considered to have notice until it receives notice at its address as shown in the decedent’s estate papers in the clerk’s office or, if there are no such papers or no address is shown therein, at the office of its registered agent.\n\t\t\tNo other party is subject to contribution to make up the elective share even though the party makes a payment or transfers an item of property or other benefit to any person with actual knowledge that a surviving spouse has claimed an elective share in the decedent’s estate.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":229723,"text":"Upon the petition of the surviving spouse, the decedent’s personal representative, or any party in interest, the court having jurisdiction over the administration of the decedent’s estate shall determine the amount of the elective share and the ratable portion of the elective share attributable to each person liable to contribution. Such petition may be brought against fewer than all persons from whom relief could be sought, but no person is subject to contribution in any amount greater than that which he would have been if relief had been secured against all persons subject to contribution.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":229724,"text":"Within 30 days after the court’s determination of the contributions due under subsection D becomes final and not subject to further appeal, any person liable to the surviving spouse for contribution may file with the court a written statement specifying any of the following methods for satisfying his contribution and interest liability:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":229725,"text":"Conveyance to the surviving spouse of a portion of the property included in the augmented estate equal in value to his liability on the date the contribution statement is filed, or if, on the date of filing, the value of the property included in the augmented estate is less than his liability, conveyance to the surviving spouse of the entire property included in the augmented estate in full satisfaction;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":229726,"text":"Payment of the value of his liability in cash or, upon agreement of the surviving spouse, other property; or","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"7":{"id":229727,"text":"Partial conveyance and partial payment under subdivisions 1 and 2, provided that the value conveyed and paid is equal to his liability.\n\t\t\t\tIn the event a contribution statement is not filed within 30 days, the court shall enter an order specifying the method by which a person’s liability to the surviving spouse shall be satisfied.","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-306\/","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 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 1992, chapters 617 and 647; in 2007, chapter 308<\/a>; in 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":272971,"object_type":"law","relational_id":62978,"identifier":"64.2-306","token":"64.2\/II\/3\/1\/64.2-306","url":"\/64.2-306\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-306\/","token":"64.2\/II\/3\/1\/64.2-306","dublin_core":{"Title":"Charging spouse with the value of property received; liability of others for balance of elective share","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-306","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In determining the elective share, the value<\/span> of property included in the augmented estate that passes or has passed to the surviving spouse, or that would have passed to the spouse but was disclaimed, is applied first to satisfy the elective share in order<\/span> to reduce any contributions due from other recipients of transfers included in the augmented estate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The recipients of the remaining property of the augmented estate are liable to contribute the balance of the elective share and any interest thereon in proportion to the value<\/span> of their interests. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The only persons subject to contribution to make up the elective share are (i) an original transferee from or appointee of the decedent, and any subsequent gratuitous inter vivos donee or person claiming by will<\/span> or intestate succession, to the extent such person has the property or its proceeds on or after the date of the decedent’s death, and (ii) a fiduciary<\/span>, as to the property under the fiduciary<\/span>’s control at or after the time a fiduciary<\/span> receives notice that a surviving spouse has claimed an elective share in the decedent’s estate. A corporate fiduciary<\/span> shall not be considered to have notice until it receives notice at its address as shown in the decedent’s estate papers in the clerk’s office or, if there are no such papers or no address is shown therein, at the office of its registered agent.\n\t\t\tNo other party<\/span> is subject to contribution to make up the elective share even though the party<\/span> makes a payment or transfers an item of property or other benefit to any person with actual knowledge that a surviving spouse has claimed an elective share in the decedent’s estate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon the petition<\/span> of the surviving spouse, the decedent’s personal representative<\/span>, or any party in interest<\/span>, the court<\/span> having jurisdiction<\/span> over the administration of the decedent’s estate shall determine the amount of the elective share and the ratable portion of the elective share attributable to each person liable to contribution. Such petition<\/span> may be brought against fewer than all persons from whom relief could be sought, but no person is subject to contribution in any amount greater than that which he would have been if relief had been secured against all persons subject to contribution. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Within 30 days after the court<\/span>’s determination of the contributions due under subsection D becomes final and not subject to further appeal<\/span>, any person liable to the surviving spouse for contribution may file with the court<\/span> a written statement specifying any of the following methods for satisfying his contribution and interest liability: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Conveyance to the surviving spouse of a portion of the property included in the augmented estate equal in value<\/span> to his liability on the date the contribution statement is filed, or if, on the date of filing, the value<\/span> of the property included in the augmented estate is less than his liability, conveyance to the surviving spouse of the entire property included in the augmented estate in full satisfaction; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Payment of the value<\/span> of his liability in cash or, upon agreement of the surviving spouse, other property; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Partial conveyance and partial payment under subdivisions 1 and 2, provided that the value<\/span> conveyed and paid is equal to his liability.\n\t\t\t\tIn the event a contribution statement is not filed within 30 days, the court<\/span> shall enter an order<\/span> specifying the method by which a person’s liability to the surviving spouse shall be satisfied. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCHARGING SPOUSE WITH THE VALUE OF PROPERTY RECEIVED; LIABILITY OF OTHERS FOR\nBALANCE OF ELECTIVE SHARE (\u00a7 64.2-306)\n\nA. In determining the elective share, the value of property included in the\naugmented estate that passes or has passed to the surviving spouse, or that\nwould have passed to the spouse but was disclaimed, is applied first to satisfy\nthe elective share in order to reduce any contributions due from other\nrecipients of transfers included in the augmented estate.\n\nB. The recipients of the remaining property of the augmented estate are liable\nto contribute the balance of the elective share and any interest thereon in\nproportion to the value of their interests.\n\nC. The only persons subject to contribution to make up the elective share are\n(i) an original transferee from or appointee of the decedent, and any subsequent\ngratuitous inter vivos donee or person claiming by will or intestate succession,\nto the extent such person has the property or its proceeds on or after the date\nof the decedent’s death, and (ii) a fiduciary, as to the property under\nthe fiduciary’s control at or after the time a fiduciary receives notice\nthat a surviving spouse has claimed an elective share in the decedent’s\nestate. A corporate fiduciary shall not be considered to have notice until it\nreceives notice at its address as shown in the decedent’s estate papers in\nthe clerk’s office or, if there are no such papers or no address is shown\ntherein, at the office of its registered agent.\n\t\t\tNo other party is subject to contribution to make up the elective share even\nthough the party makes a payment or transfers an item of property or other\nbenefit to any person with actual knowledge that a surviving spouse has claimed\nan elective share in the decedent’s estate.\n\nD. Upon the petition of the surviving spouse, the decedent’s personal\nrepresentative, or any party in interest, the court having jurisdiction over the\nadministration of the decedent’s estate shall determine the amount of the\nelective share and the ratable portion of the elective share attributable to\neach person liable to contribution. Such petition may be brought against fewer\nthan all persons from whom relief could be sought, but no person is subject to\ncontribution in any amount greater than that which he would have been if relief\nhad been secured against all persons subject to contribution.\n\nE. Within 30 days after the court’s determination of the contributions due\nunder subsection D becomes final and not subject to further appeal, any person\nliable to the surviving spouse for contribution may file with the court a\nwritten statement specifying any of the following methods for satisfying his\ncontribution and interest liability:\n\n 1. Conveyance to the surviving spouse of a portion of the property included in\n the augmented estate equal in value to his liability on the date the\n contribution statement is filed, or if, on the date of filing, the value of\n the property included in the augmented estate is less than his liability,\n conveyance to the surviving spouse of the entire property included in the\n augmented estate in full satisfaction;\n\n 2. Payment of the value of his liability in cash or, upon agreement of the\n surviving spouse, other property; or\n\n 3. Partial conveyance and partial payment under subdivisions 1 and 2, provided\n that the value conveyed and paid is equal to his liability.\n \t\t\t\tIn the event a contribution statement is not filed within 30 days, the\n court shall enter an order specifying the method by which a person’s\n liability to the surviving spouse shall be satisfied.\n\nHISTORY: 1990, c. 831, \u00a7 64.1-16.2; 1992, cc. 617, 647; 2007, c. 308; 2012, c.\n614.","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}}