{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-308.15.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-308.15.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-308.15.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-308.15.html"}],"law_id":53998,"edition_id":1,"section_id":53998,"structure_id":12865,"section_number":"64.2-308.15","catch_line":"Protection of payors and other third parties","history":"2016, cc. 187, 269.","full_text":"A\n\nAlthough under § 64.2-308.6 a payment, item of property, or other benefit is included in the decedent’s non-probate transfers to others, a payor or other third party is not liable for having made a payment or transferred an item of property or other benefit to a beneficiary designated in a governing instrument, or for having taken any other action in good faith reliance on the validity of a governing instrument, upon request and satisfactory proof of the decedent’s death, before the payor or other third party received written notice from the surviving spouse or spouse’s representative as required by § 64.2-308.12, that a complaint for the elective share has been filed. A payor or other third party is liable for payments made or other actions taken after the payor or other third party received written notice that a complaint for the elective share has been filed.B\n\nA written notice that a complaint for the elective share has been filed must be mailed to the payor’s or other third party’s main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Upon receipt of written notice that a complaint for the elective share has been filed, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the decedent’s estate. The court shall hold the funds or item of property, and, upon its determination under subsection D of § 64.2-308.12, shall order disbursement in accordance with the determination. If no complaint is filed in the court within the specified time under subsection A of § 64.2-308.12 or, if filed, the election for an elective share is withdrawn under subsection C of § 64.2-308.12, the court shall order disbursement to the designated beneficiary. Payments or transfers to the court or deposits made into court discharge the payor or other third party from all claims for amounts so paid or the value of property so transferred or deposited.C\n\nUpon complaint to the probate court by the beneficiary designated in a governing instrument, the court may order that all or part of the property be paid to the beneficiary in an amount and subject to conditions consistent with this article.","order_by":null,"text":{"0":{"id":198267,"text":"Although under § 64.2-308.6 a payment, item of property, or other benefit is included in the decedent’s non-probate transfers to others, a payor or other third party is not liable for having made a payment or transferred an item of property or other benefit to a beneficiary designated in a governing instrument, or for having taken any other action in good faith reliance on the validity of a governing instrument, upon request and satisfactory proof of the decedent’s death, before the payor or other third party received written notice from the surviving spouse or spouse’s representative as required by § 64.2-308.12, that a complaint for the elective share has been filed. A payor or other third party is liable for payments made or other actions taken after the payor or other third party received written notice that a complaint for the elective share has been filed.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":198268,"text":"A written notice that a complaint for the elective share has been filed must be mailed to the payor’s or other third party’s main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Upon receipt of written notice that a complaint for the elective share has been filed, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the decedent’s estate. The court shall hold the funds or item of property, and, upon its determination under subsection D of § 64.2-308.12, shall order disbursement in accordance with the determination. If no complaint is filed in the court within the specified time under subsection A of § 64.2-308.12 or, if filed, the election for an elective share is withdrawn under subsection C of § 64.2-308.12, the court shall order disbursement to the designated beneficiary. Payments or transfers to the court or deposits made into court discharge the payor or other third party from all claims for amounts so paid or the value of property so transferred or deposited.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":198269,"text":"Upon complaint to the probate court by the beneficiary designated in a governing instrument, the court may order that all or part of the property be paid to the beneficiary in an amount and subject to conditions consistent with this article.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":12865,"edition_id":1,"name":"Elective Share of Surviving Spouse of Decedent Dying on or After January 1, 2017","identifier":"1.1","label":"article","depth":4,"order_by":1,"parent_id":12864,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":272983,"object_type":"structure","relational_id":12865,"identifier":"1.1","token":"64.2\/II\/3\/1.1","url":"\/64.2\/II\/3\/1.1\/","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":86374,"structure_id":12865,"section_number":"64.2-308.1","catch_line":"Applicability; definitions","url":"\/64.2-308.1\/","token":"64.2\/II\/3\/1.1\/64.2-308.1","metadata":false},{"id":57764,"structure_id":12865,"section_number":"64.2-308.10","catch_line":"Sources from which elective share payable","url":"\/64.2-308.10\/","token":"64.2\/II\/3\/1.1\/64.2-308.10","metadata":false},{"id":61941,"structure_id":12865,"section_number":"64.2-308.11","catch_line":"Personal liability of recipients","url":"\/64.2-308.11\/","token":"64.2\/II\/3\/1.1\/64.2-308.11","metadata":false},{"id":58055,"structure_id":12865,"section_number":"64.2-308.12","catch_line":"Proceeding for elective share; time limit","url":"\/64.2-308.12\/","token":"64.2\/II\/3\/1.1\/64.2-308.12","metadata":false},{"id":69369,"structure_id":12865,"section_number":"64.2-308.13","catch_line":"Right of election personal to surviving spouse; incapacitated surviving spouse","url":"\/64.2-308.13\/","token":"64.2\/II\/3\/1.1\/64.2-308.13","metadata":false},{"id":66052,"structure_id":12865,"section_number":"64.2-308.14","catch_line":"Waiver of right to elect and of other rights; defenses","url":"\/64.2-308.14\/","token":"64.2\/II\/3\/1.1\/64.2-308.14","metadata":false},{"id":53998,"structure_id":12865,"section_number":"64.2-308.15","catch_line":"Protection of payors and other third parties","url":"\/64.2-308.15\/","token":"64.2\/II\/3\/1.1\/64.2-308.15","metadata":false},{"id":79802,"structure_id":12865,"section_number":"64.2-308.16","catch_line":"Rights in family residence","url":"\/64.2-308.16\/","token":"64.2\/II\/3\/1.1\/64.2-308.16","metadata":false},{"id":80426,"structure_id":12865,"section_number":"64.2-308.17","catch_line":"Statutory rights barred by desertion or abandonment","url":"\/64.2-308.17\/","token":"64.2\/II\/3\/1.1\/64.2-308.17","metadata":false},{"id":72651,"structure_id":12865,"section_number":"64.2-308.2","catch_line":"Dower or curtesy abolished","url":"\/64.2-308.2\/","token":"64.2\/II\/3\/1.1\/64.2-308.2","metadata":false},{"id":57125,"structure_id":12865,"section_number":"64.2-308.3","catch_line":"Elective share amount; effect of election on statutory benefits; non-domiciliary","url":"\/64.2-308.3\/","token":"64.2\/II\/3\/1.1\/64.2-308.3","metadata":false},{"id":56825,"structure_id":12865,"section_number":"64.2-308.4","catch_line":"Composition of the augmented estate; marital property portion","url":"\/64.2-308.4\/","token":"64.2\/II\/3\/1.1\/64.2-308.4","metadata":false},{"id":75341,"structure_id":12865,"section_number":"64.2-308.5","catch_line":"Decedent's net probate estate","url":"\/64.2-308.5\/","token":"64.2\/II\/3\/1.1\/64.2-308.5","metadata":false},{"id":73894,"structure_id":12865,"section_number":"64.2-308.6","catch_line":"Decedent's non-probate transfers to others","url":"\/64.2-308.6\/","token":"64.2\/II\/3\/1.1\/64.2-308.6","metadata":false},{"id":68829,"structure_id":12865,"section_number":"64.2-308.7","catch_line":"Decedent's non-probate transfers to the surviving spouse","url":"\/64.2-308.7\/","token":"64.2\/II\/3\/1.1\/64.2-308.7","metadata":false},{"id":54460,"structure_id":12865,"section_number":"64.2-308.8","catch_line":"Surviving spouse's property and non-probate transfers to others","url":"\/64.2-308.8\/","token":"64.2\/II\/3\/1.1\/64.2-308.8","metadata":false},{"id":80125,"structure_id":12865,"section_number":"64.2-308.9","catch_line":"Exclusions, valuation, and overlapping application","url":"\/64.2-308.9\/","token":"64.2\/II\/3\/1.1\/64.2-308.9","metadata":false}],"previous_section":{"id":66052,"structure_id":12865,"section_number":"64.2-308.14","catch_line":"Waiver of right to elect and of other rights; defenses","url":"\/64.2-308.14\/","token":"64.2\/II\/3\/1.1\/64.2-308.14","metadata":false},"next_section":{"id":79802,"structure_id":12865,"section_number":"64.2-308.16","catch_line":"Rights in family residence","url":"\/64.2-308.16\/","token":"64.2\/II\/3\/1.1\/64.2-308.16","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-308.15\/","history_text":"

This law was first created in 2016. The record of its establishment is cataloged in chapters 187<\/a> and 269<\/a> 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.<\/p>","references":false,"refers_to":[{"id":58055,"section_number":"64.2-308.12","catch_line":"Proceeding for elective share; time limit","order_by":null,"url":"\/64.2-308.12\/"},{"id":73894,"section_number":"64.2-308.6","catch_line":"Decedent's non-probate transfers to others","order_by":null,"url":"\/64.2-308.6\/"}],"permalink":{"id":273009,"object_type":"law","relational_id":53998,"identifier":"64.2-308.15","token":"64.2\/II\/3\/1.1\/64.2-308.15","url":"\/64.2-308.15\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-308.15\/","token":"64.2\/II\/3\/1.1\/64.2-308.15","dublin_core":{"Title":"Protection of payors and other third parties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-308.15","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Although under § 64.2-308.6<\/a> a payment, item of property, or other benefit is included in the decedent’s non-probate transfers to others, a payor or other third party<\/span> is not liable for having made a payment or transferred an item of property or other benefit to a beneficiary designated in a governing instrument, or for having taken any other action in good faith reliance on the validity of a governing instrument, upon request and satisfactory proof of the decedent’s death, before the payor or other third party<\/span> received written notice from the surviving spouse or spouse’s representative as required by § 64.2-308.12<\/a>, that a complaint for the elective share has been filed. A payor or other third party<\/span> is liable for payments made or other actions taken after the payor or other third party<\/span> received written notice that a complaint for the elective share has been filed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A written notice that a complaint for the elective share has been filed must be mailed to the payor’s or other third party<\/span>’s main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party<\/span> in the same manner as a summons<\/span> in a civil action<\/span>. Upon receipt of written notice that a complaint for the elective share has been filed, a payor or other third party<\/span> may pay any amount owed or transfer or deposit any item of property held by it to or with the court<\/span> having jurisdiction<\/span> of the probate proceedings relating to the decedent’s estate. The court<\/span> shall hold the funds or item of property, and, upon its determination under subsection D of § 64.2-308.12<\/a>, shall order<\/span> disbursement in accordance with the determination. If no complaint is filed in the court<\/span> within the specified time under subsection A of § 64.2-308.12<\/a> or, if filed, the election for an elective share is withdrawn under subsection C of § 64.2-308.12<\/a>, the court<\/span> shall order<\/span> disbursement to the designated beneficiary. Payments or transfers to the court<\/span> or deposits made into court<\/span> discharge the payor or other third party<\/span> from all claims for amounts so paid or the value<\/span> of property so transferred or deposited. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon complaint to the probate court<\/span> by the beneficiary designated in a governing instrument, the court<\/span> may order<\/span> that all or part of the property be paid to the beneficiary in an amount and subject to conditions consistent with this article. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROTECTION OF PAYORS AND OTHER THIRD PARTIES (\u00a7 64.2-308.15)\n\nA. Although under § 64.2-308.6 a payment, item of property, or other\nbenefit is included in the decedent’s non-probate transfers to others, a\npayor or other third party is not liable for having made a payment or\ntransferred an item of property or other benefit to a beneficiary designated in\na governing instrument, or for having taken any other action in good faith\nreliance on the validity of a governing instrument, upon request and\nsatisfactory proof of the decedent’s death, before the payor or other\nthird party received written notice from the surviving spouse or spouse’s\nrepresentative as required by § 64.2-308.12, that a complaint for the\nelective share has been filed. A payor or other third party is liable for\npayments made or other actions taken after the payor or other third party\nreceived written notice that a complaint for the elective share has been filed.\n\nB. A written notice that a complaint for the elective share has been filed must\nbe mailed to the payor’s or other third party’s main office or home\nby registered or certified mail, return receipt requested, or served upon the\npayor or other third party in the same manner as a summons in a civil action.\nUpon receipt of written notice that a complaint for the elective share has been\nfiled, a payor or other third party may pay any amount owed or transfer or\ndeposit any item of property held by it to or with the court having jurisdiction\nof the probate proceedings relating to the decedent’s estate. The court\nshall hold the funds or item of property, and, upon its determination under\nsubsection D of § 64.2-308.12, shall order disbursement in accordance with\nthe determination. If no complaint is filed in the court within the specified\ntime under subsection A of § 64.2-308.12 or, if filed, the election for an\nelective share is withdrawn under subsection C of § 64.2-308.12, the court\nshall order disbursement to the designated beneficiary. Payments or transfers to\nthe court or deposits made into court discharge the payor or other third party\nfrom all claims for amounts so paid or the value of property so transferred or\ndeposited.\n\nC. Upon complaint to the probate court by the beneficiary designated in a\ngoverning instrument, the court may order that all or part of the property be\npaid to the beneficiary in an amount and subject to conditions consistent with\nthis article.\n\nHISTORY: 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}}