{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-308.6.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-308.6.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-308.6.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-308.6.html"}],"law_id":73894,"edition_id":1,"section_id":73894,"structure_id":12865,"section_number":"64.2-308.6","catch_line":"Decedent’s non-probate transfers to others","history":"2016, cc. 187, 269.","full_text":"The value of the augmented estate includes the value of the decedent’s non-probate transfers to others, not included under \u00a7 64.2-308.5, of any of the following types, in the amount provided respectively for each type of transfer:\n\n1\n\nProperty owned or owned in substance by the decedent immediately before death that passed outside probate at the decedent’s death. Property included under this category consists of:\n\t\t\ta. Property over which the decedent, alone, immediately before death, held a presently exercisable general power of appointment. The amount included is the value of the property subject to the power, to the extent the property passed at the decedent’s death, by exercise, release, lapse, in default, or otherwise, to or for the benefit of any person other than the decedent’s estate or surviving spouse.\n\t\t\tb. The decedent’s fractional interest in property held by the decedent in joint tenancy with the right of survivorship. The amount included is the value of the decedent’s fractional interest, to the extent the fractional interest passed by right of survivorship at the decedent’s death to a surviving joint tenant other than the decedent’s surviving spouse.\n\t\t\tc. The decedent’s ownership interest in property or accounts held in Payable on Death or Transfer on Death designations or co-ownership registration with the right of survivorship. The amount included is the value of the decedent’s ownership interest, to the extent the decedent’s ownership interest passed at the decedent’s death to or for the benefit of any person other than the decedent’s estate or surviving spouse.\n\t\t\td. Proceeds of insurance, including accidental death benefits, on the life of the decedent, if the decedent owned the insurance policy immediately before death or if and to the extent the decedent alone and immediately before death held a presently exercisable general power of appointment over the policy or its proceeds. The amount included is the value of the proceeds, to the extent they were payable at the decedent’s death to or for the benefit of any person other than the decedent’s estate or surviving spouse.2\n\nProperty transferred in any of the following forms by the decedent during marriage:\n\t\t\ta. Any irrevocable transfer in which the decedent retained the right to the possession or enjoyment of, or to the income from, the property if and to the extent the decedent’s right terminated at or continued beyond the decedent’s death. The amount included is the value of the fraction of the property to which the decedent’s right related, to the extent the fraction of the property passed outside probate to or for the benefit of any person other than the decedent’s estate or surviving spouse.\n\t\t\tb. Any transfer in which the decedent created a power over income or property, exercisable by the decedent alone or in conjunction with any other person, or exercisable by a non-adverse party, to or for the benefit of the decedent, creditors of the decedent, the decedent’s estate, or creditors of the decedent’s estate. The amount included with respect to a power over property is the value of the property subject to the power, and the amount included with respect to a power over income is the value of the property that produces or produced the income, to the extent the power in either case was exercisable at the decedent’s death to or for the benefit of any person other than the decedent’s surviving spouse or to the extent the property passed at the decedent’s death, by exercise, release, lapse, in default, or otherwise, to or for the benefit of any person other than the decedent’s estate or surviving spouse. If the power is a power over both income and property and the preceding sentence produces different amounts, the amount included is the greater amount.3\n\nProperty that passed during marriage and during the two-year period next preceding the decedent’s death as a result of a transfer by the decedent if the transfer was of any of the following types:\n\t\t\ta. Any property that passed as a result of the termination of a right or interest in, or power over, property that would have been included in the augmented estate under subdivision 1 a, b, or c, or under subdivision 2, if the right, interest, or power had not terminated until the decedent’s death. The amount included is the value of the property that would have been included under those subdivisions if the property were valued at the time the right, interest, or power terminated, and is included only to the extent the property passed upon termination to or for the benefit of any person other than the decedent or the decedent’s estate, spouse, or surviving spouse. As used in this subdivision, “termination,” with respect to a right or interest in property, occurs when the right or interest terminated by the terms of the governing instrument or the decedent transferred or relinquished the right or interest, and, with respect to a power over property, occurs when the power terminated by exercise, release, lapse, default, or otherwise, but, with respect to a power described in subdivision 1 a, “termination” occurs when the power terminated by exercise or release, but not otherwise.\n\t\t\tb. Any transfer of or relating to an insurance policy on the life of the decedent if the proceeds would have been included in the augmented estate under subdivision 1 d had the transfer not occurred. The amount included is the value of the insurance proceeds to the extent the proceeds were payable at the decedent’s death to or for the benefit of any person other than the decedent’s estate or surviving spouse.\n\t\t\tc. Any transfer of property, to the extent not otherwise included in the augmented estate, made to or for the benefit of a person other than the decedent’s surviving spouse. The amount included is the value of the transferred property to the extent the transfers to any one donee in either of the two years next preceding the date of the decedent’s death exceeded the amount excludable from taxable gifts under 26 U.S.C. § 2503(b), or its successor, on the date of the gift.","order_by":null,"text":{"0":{"id":265711,"text":"The value of the augmented estate includes the value of the decedent’s non-probate transfers to others, not included under \u00a7 64.2-308.5, of any of the following types, in the amount provided respectively for each type of transfer:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":265712,"text":"Property owned or owned in substance by the decedent immediately before death that passed outside probate at the decedent’s death. Property included under this category consists of:\n\t\t\ta. Property over which the decedent, alone, immediately before death, held a presently exercisable general power of appointment. The amount included is the value of the property subject to the power, to the extent the property passed at the decedent’s death, by exercise, release, lapse, in default, or otherwise, to or for the benefit of any person other than the decedent’s estate or surviving spouse.\n\t\t\tb. The decedent’s fractional interest in property held by the decedent in joint tenancy with the right of survivorship. The amount included is the value of the decedent’s fractional interest, to the extent the fractional interest passed by right of survivorship at the decedent’s death to a surviving joint tenant other than the decedent’s surviving spouse.\n\t\t\tc. The decedent’s ownership interest in property or accounts held in Payable on Death or Transfer on Death designations or co-ownership registration with the right of survivorship. The amount included is the value of the decedent’s ownership interest, to the extent the decedent’s ownership interest passed at the decedent’s death to or for the benefit of any person other than the decedent’s estate or surviving spouse.\n\t\t\td. Proceeds of insurance, including accidental death benefits, on the life of the decedent, if the decedent owned the insurance policy immediately before death or if and to the extent the decedent alone and immediately before death held a presently exercisable general power of appointment over the policy or its proceeds. The amount included is the value of the proceeds, to the extent they were payable at the decedent’s death to or for the benefit of any person other than the decedent’s estate or surviving spouse.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":265713,"text":"Property transferred in any of the following forms by the decedent during marriage:\n\t\t\ta. Any irrevocable transfer in which the decedent retained the right to the possession or enjoyment of, or to the income from, the property if and to the extent the decedent’s right terminated at or continued beyond the decedent’s death. The amount included is the value of the fraction of the property to which the decedent’s right related, to the extent the fraction of the property passed outside probate to or for the benefit of any person other than the decedent’s estate or surviving spouse.\n\t\t\tb. Any transfer in which the decedent created a power over income or property, exercisable by the decedent alone or in conjunction with any other person, or exercisable by a non-adverse party, to or for the benefit of the decedent, creditors of the decedent, the decedent’s estate, or creditors of the decedent’s estate. The amount included with respect to a power over property is the value of the property subject to the power, and the amount included with respect to a power over income is the value of the property that produces or produced the income, to the extent the power in either case was exercisable at the decedent’s death to or for the benefit of any person other than the decedent’s surviving spouse or to the extent the property passed at the decedent’s death, by exercise, release, lapse, in default, or otherwise, to or for the benefit of any person other than the decedent’s estate or surviving spouse. If the power is a power over both income and property and the preceding sentence produces different amounts, the amount included is the greater amount.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":265714,"text":"Property that passed during marriage and during the two-year period next preceding the decedent’s death as a result of a transfer by the decedent if the transfer was of any of the following types:\n\t\t\ta. Any property that passed as a result of the termination of a right or interest in, or power over, property that would have been included in the augmented estate under subdivision 1 a, b, or c, or under subdivision 2, if the right, interest, or power had not terminated until the decedent’s death. The amount included is the value of the property that would have been included under those subdivisions if the property were valued at the time the right, interest, or power terminated, and is included only to the extent the property passed upon termination to or for the benefit of any person other than the decedent or the decedent’s estate, spouse, or surviving spouse. As used in this subdivision, “termination,” with respect to a right or interest in property, occurs when the right or interest terminated by the terms of the governing instrument or the decedent transferred or relinquished the right or interest, and, with respect to a power over property, occurs when the power terminated by exercise, release, lapse, default, or otherwise, but, with respect to a power described in subdivision 1 a, “termination” occurs when the power terminated by exercise or release, but not otherwise.\n\t\t\tb. Any transfer of or relating to an insurance policy on the life of the decedent if the proceeds would have been included in the augmented estate under subdivision 1 d had the transfer not occurred. The amount included is the value of the insurance proceeds to the extent the proceeds were payable at the decedent’s death to or for the benefit of any person other than the decedent’s estate or surviving spouse.\n\t\t\tc. Any transfer of property, to the extent not otherwise included in the augmented estate, made to or for the benefit of a person other than the decedent’s surviving spouse. The amount included is the value of the transferred property to the extent the transfers to any one donee in either of the two years next preceding the date of the decedent’s death exceeded the amount excludable from taxable gifts under 26 U.S.C. § 2503(b), or its successor, on the date of the gift.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-308.6\/","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":[{"id":86374,"section_number":"64.2-308.1","catch_line":"Applicability; definitions","order_by":null,"url":"\/64.2-308.1\/"},{"id":57764,"section_number":"64.2-308.10","catch_line":"Sources from which elective share payable","order_by":null,"url":"\/64.2-308.10\/"},{"id":53998,"section_number":"64.2-308.15","catch_line":"Protection of payors and other third parties","order_by":null,"url":"\/64.2-308.15\/"},{"id":56825,"section_number":"64.2-308.4","catch_line":"Composition of the augmented estate; marital property portion","order_by":null,"url":"\/64.2-308.4\/"},{"id":68829,"section_number":"64.2-308.7","catch_line":"Decedent's non-probate transfers to the surviving spouse","order_by":null,"url":"\/64.2-308.7\/"},{"id":54460,"section_number":"64.2-308.8","catch_line":"Surviving spouse's property and non-probate transfers to others","order_by":null,"url":"\/64.2-308.8\/"},{"id":80125,"section_number":"64.2-308.9","catch_line":"Exclusions, valuation, and overlapping application","order_by":null,"url":"\/64.2-308.9\/"}],"refers_to":[{"id":75341,"section_number":"64.2-308.5","catch_line":"Decedent's net probate estate","order_by":null,"url":"\/64.2-308.5\/"}],"permalink":{"id":273037,"object_type":"law","relational_id":73894,"identifier":"64.2-308.6","token":"64.2\/II\/3\/1.1\/64.2-308.6","url":"\/64.2-308.6\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-308.6\/","token":"64.2\/II\/3\/1.1\/64.2-308.6","dublin_core":{"Title":"Decedent’s non-probate transfers to others","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-308.6","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The value<\/span> of the augmented estate includes the value<\/span> of the decedent’s non-probate transfers to others, not included under \u00a7 64.2-308.5<\/a>, of any of the following types, in the amount provided respectively for each type of transfer:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Property owned or owned in substance by the decedent immediately before death that passed outside probate at the decedent’s death. Property included under this category consists of:\n\t\t\ta. Property over which the decedent, alone, immediately before death, held a presently exercisable general power of appointment. The amount included is the value<\/span> of the property subject to the power, to the extent the property passed at the decedent’s death, by exercise, release, lapse, in default<\/span>, or otherwise, to or for the benefit of any person other than the decedent’s estate or surviving spouse.\n\t\t\tb. The decedent’s fractional interest in property held by the decedent in joint tenancy with the right of survivorship. The amount included is the value<\/span> of the decedent’s fractional interest, to the extent the fractional interest passed by right of survivorship at the decedent’s death to a surviving joint tenant other than the decedent’s surviving spouse.\n\t\t\tc. The decedent’s ownership interest in property or accounts held in Payable on Death or Transfer on Death designations or co-ownership registration with the right of survivorship. The amount included is the value<\/span> of the decedent’s ownership interest, to the extent the decedent’s ownership interest passed at the decedent’s death to or for the benefit of any person other than the decedent’s estate or surviving spouse.\n\t\t\td. Proceeds of insurance, including accidental death benefits, on the life of the decedent, if the decedent owned the insurance policy immediately before death or if and to the extent the decedent alone and immediately before death held a presently exercisable general power of appointment over the policy or its proceeds. The amount included is the value<\/span> of the proceeds, to the extent they were payable at the decedent’s death to or for the benefit of any person other than the decedent’s estate or surviving spouse. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Property transferred in any of the following forms by the decedent during marriage:\n\t\t\ta. Any irrevocable transfer in which the decedent retained the right to the possession<\/span> or enjoyment of, or to the income from, the property if and to the extent the decedent’s right terminated at or continued beyond the decedent’s death. The amount included is the value<\/span> of the fraction of the property to which the decedent’s right related, to the extent the fraction of the property passed outside probate to or for the benefit of any person other than the decedent’s estate or surviving spouse.\n\t\t\tb. Any transfer in which the decedent created a power over income or property, exercisable by the decedent alone or in conjunction with any other person, or exercisable by a non-adverse party<\/span>, to or for the benefit of the decedent, creditors<\/span> of the decedent, the decedent’s estate, or creditors<\/span> of the decedent’s estate. The amount included with respect to a power over property is the value<\/span> of the property subject to the power, and the amount included with respect to a power over income is the value<\/span> of the property that produces or produced the income, to the extent the power in either case was exercisable at the decedent’s death to or for the benefit of any person other than the decedent’s surviving spouse or to the extent the property passed at the decedent’s death, by exercise, release, lapse, in default<\/span>, or otherwise, to or for the benefit of any person other than the decedent’s estate or surviving spouse. If the power is a power over both income and property and the preceding sentence produces different amounts, the amount included is the greater amount. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Property that passed during marriage and during the two-year period next preceding the decedent’s death as a result of a transfer by the decedent if the transfer was of any of the following types:\n\t\t\ta. Any property that passed as a result of the termination of a right or interest in, or power over, property that would have been included in the augmented estate under subdivision 1 a, b, or c, or under subdivision 2, if the right, interest, or power had not terminated until the decedent’s death. The amount included is the value<\/span> of the property that would have been included under those subdivisions if the property were valued at the time the right, interest, or power terminated, and is included only to the extent the property passed upon termination to or for the benefit of any person other than the decedent or the decedent’s estate, spouse, or surviving spouse. As used in this subdivision, “termination,” with respect to a right or interest in property, occurs when the right or interest terminated by the terms of the governing instrument or the decedent transferred or relinquished the right or interest, and, with respect to a power over property, occurs when the power terminated by exercise, release, lapse, default<\/span>, or otherwise, but, with respect to a power described in subdivision 1 a, “termination” occurs when the power terminated by exercise or release, but not otherwise.\n\t\t\tb. Any transfer of or relating to an insurance policy on the life of the decedent if the proceeds would have been included in the augmented estate under subdivision 1 d had the transfer not occurred. The amount included is the value<\/span> of the insurance proceeds to the extent the proceeds were payable at the decedent’s death to or for the benefit of any person other than the decedent’s estate or surviving spouse.\n\t\t\tc. Any transfer of property, to the extent not otherwise included in the augmented estate, made to or for the benefit of a person other than the decedent’s surviving spouse. The amount included is the value<\/span> of the transferred property to the extent the transfers to any one donee in either of the two years next preceding the date of the decedent’s death exceeded the amount excludable from taxable gifts under 26 U.S.C. § 2503(b), or its successor, on the date of the gift. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDECEDENT’S NON-PROBATE TRANSFERS TO OTHERS (\u00a7 64.2-308.6)\n\nThe value of the augmented estate includes the value of the decedent’s\nnon-probate transfers to others, not included under \u00a7 64.2-308.5, of any of the\nfollowing types, in the amount provided respectively for each type of transfer:\n\n1. Property owned or owned in substance by the decedent immediately before death\nthat passed outside probate at the decedent’s death. Property included\nunder this category consists of:\n\t\t\ta. Property over which the decedent, alone, immediately before death, held a\npresently exercisable general power of appointment. The amount included is the\nvalue of the property subject to the power, to the extent the property passed at\nthe decedent’s death, by exercise, release, lapse, in default, or\notherwise, to or for the benefit of any person other than the decedent’s\nestate or surviving spouse.\n\t\t\tb. The decedent’s fractional interest in property held by the decedent\nin joint tenancy with the right of survivorship. The amount included is the\nvalue of the decedent’s fractional interest, to the extent the fractional\ninterest passed by right of survivorship at the decedent’s death to a\nsurviving joint tenant other than the decedent’s surviving spouse.\n\t\t\tc. The decedent’s ownership interest in property or accounts held in\nPayable on Death or Transfer on Death designations or co-ownership registration\nwith the right of survivorship. The amount included is the value of the\ndecedent’s ownership interest, to the extent the decedent’s\nownership interest passed at the decedent’s death to or for the benefit of\nany person other than the decedent’s estate or surviving spouse.\n\t\t\td. Proceeds of insurance, including accidental death benefits, on the life of\nthe decedent, if the decedent owned the insurance policy immediately before\ndeath or if and to the extent the decedent alone and immediately before death\nheld a presently exercisable general power of appointment over the policy or its\nproceeds. The amount included is the value of the proceeds, to the extent they\nwere payable at the decedent’s death to or for the benefit of any person\nother than the decedent’s estate or surviving spouse.\n\n2. Property transferred in any of the following forms by the decedent during\nmarriage:\n\t\t\ta. Any irrevocable transfer in which the decedent retained the right to the\npossession or enjoyment of, or to the income from, the property if and to the\nextent the decedent’s right terminated at or continued beyond the\ndecedent’s death. The amount included is the value of the fraction of the\nproperty to which the decedent’s right related, to the extent the fraction\nof the property passed outside probate to or for the benefit of any person other\nthan the decedent’s estate or surviving spouse.\n\t\t\tb. Any transfer in which the decedent created a power over income or\nproperty, exercisable by the decedent alone or in conjunction with any other\nperson, or exercisable by a non-adverse party, to or for the benefit of the\ndecedent, creditors of the decedent, the decedent’s estate, or creditors\nof the decedent’s estate. The amount included with respect to a power over\nproperty is the value of the property subject to the power, and the amount\nincluded with respect to a power over income is the value of the property that\nproduces or produced the income, to the extent the power in either case was\nexercisable at the decedent’s death to or for the benefit of any person\nother than the decedent’s surviving spouse or to the extent the property\npassed at the decedent’s death, by exercise, release, lapse, in default,\nor otherwise, to or for the benefit of any person other than the\ndecedent’s estate or surviving spouse. If the power is a power over both\nincome and property and the preceding sentence produces different amounts, the\namount included is the greater amount.\n\n3. Property that passed during marriage and during the two-year period next\npreceding the decedent’s death as a result of a transfer by the decedent\nif the transfer was of any of the following types:\n\t\t\ta. Any property that passed as a result of the termination of a right or\ninterest in, or power over, property that would have been included in the\naugmented estate under subdivision 1 a, b, or c, or under subdivision 2, if the\nright, interest, or power had not terminated until the decedent’s death.\nThe amount included is the value of the property that would have been included\nunder those subdivisions if the property were valued at the time the right,\ninterest, or power terminated, and is included only to the extent the property\npassed upon termination to or for the benefit of any person other than the\ndecedent or the decedent’s estate, spouse, or surviving spouse. As used in\nthis subdivision, “termination,” with respect to a right or interest\nin property, occurs when the right or interest terminated by the terms of the\ngoverning instrument or the decedent transferred or relinquished the right or\ninterest, and, with respect to a power over property, occurs when the power\nterminated by exercise, release, lapse, default, or otherwise, but, with respect\nto a power described in subdivision 1 a, “termination” occurs when\nthe power terminated by exercise or release, but not otherwise.\n\t\t\tb. Any transfer of or relating to an insurance policy on the life of the\ndecedent if the proceeds would have been included in the augmented estate under\nsubdivision 1 d had the transfer not occurred. The amount included is the value\nof the insurance proceeds to the extent the proceeds were payable at the\ndecedent’s death to or for the benefit of any person other than the\ndecedent’s estate or surviving spouse.\n\t\t\tc. Any transfer of property, to the extent not otherwise included in the\naugmented estate, made to or for the benefit of a person other than the\ndecedent’s surviving spouse. The amount included is the value of the\ntransferred property to the extent the transfers to any one donee in either of\nthe two years next preceding the date of the decedent’s death exceeded the\namount excludable from taxable gifts under 26 U.S.C. § 2503(b), or its\nsuccessor, on the date of the gift.\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}}