{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-310.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-310.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-310.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-310.html"}],"law_id":61915,"edition_id":1,"section_id":61915,"structure_id":15170,"section_number":"64.2-310","catch_line":"Exempt property","history":"1981, c. 580, \u00a7 64.1-151.2; 1990, c. 831; 1996, c. 549; 2001, c. 368; 2012, c. 614; 2014, c. 532; 2025, c. 148.","full_text":"A\n\nIn addition to any other right or allowance under this article, the surviving spouse of a decedent who was domiciled in the Commonwealth is entitled from the estate to value not exceeding $25,000 in excess of any security interests therein in household furniture, automobiles, furnishings, appliances, and personal effects. If there is no surviving spouse, the minor children of the decedent are entitled in equal shares to such property of the same value. If the value of the exempt property selected in excess of any security interests therein is less than $25,000, or if there is not $25,000 worth of exempt property in the estate, the spouse or minor children are entitled to other assets of the estate, if any, to the extent necessary to make up the $25,000 value.B\n\nThe right to exempt property and other assets of the estate needed to make up a deficiency of exempt property has priority over all claims against the estate, except the family allowance.C\n\nThe right to exempt property is in addition to any benefit or share passing to the surviving spouse or minor children by the will of the decedent, by intestate succession, or by way of elective share.","order_by":null,"text":{"0":{"id":226059,"text":"In addition to any other right or allowance under this article, the surviving spouse of a decedent who was domiciled in the Commonwealth is entitled from the estate to value not exceeding $25,000 in excess of any security interests therein in household furniture, automobiles, furnishings, appliances, and personal effects. If there is no surviving spouse, the minor children of the decedent are entitled in equal shares to such property of the same value. If the value of the exempt property selected in excess of any security interests therein is less than $25,000, or if there is not $25,000 worth of exempt property in the estate, the spouse or minor children are entitled to other assets of the estate, if any, to the extent necessary to make up the $25,000 value.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":226060,"text":"The right to exempt property and other assets of the estate needed to make up a deficiency of exempt property has priority over all claims against the estate, except the family allowance.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":226061,"text":"The right to exempt property is in addition to any benefit or share passing to the surviving spouse or minor children by the will of the decedent, by intestate succession, or by way of elective share.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15170,"edition_id":1,"name":"Exempt Property and Allowances","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":12864,"metadata":{},"date_created":"2026-06-26 03:52:41","date_modified":"2026-06-26 03:52:41","permalink":{"id":273053,"object_type":"structure","relational_id":15170,"identifier":"2","token":"64.2\/II\/3\/2","url":"\/64.2\/II\/3\/2\/","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":87056,"structure_id":15170,"section_number":"64.2-309","catch_line":"Family allowance","url":"\/64.2-309\/","token":"64.2\/II\/3\/2\/64.2-309","metadata":false},{"id":61915,"structure_id":15170,"section_number":"64.2-310","catch_line":"Exempt property","url":"\/64.2-310\/","token":"64.2\/II\/3\/2\/64.2-310","metadata":false},{"id":58287,"structure_id":15170,"section_number":"64.2-311","catch_line":"Homestead allowance","url":"\/64.2-311\/","token":"64.2\/II\/3\/2\/64.2-311","metadata":false},{"id":57777,"structure_id":15170,"section_number":"64.2-312","catch_line":"Source, determination, and documentation of family allowance, exempt property, and homestead allowance; petition for relief","url":"\/64.2-312\/","token":"64.2\/II\/3\/2\/64.2-312","metadata":false},{"id":62592,"structure_id":15170,"section_number":"64.2-313","catch_line":"When and how exempt property and allowances may be claimed","url":"\/64.2-313\/","token":"64.2\/II\/3\/2\/64.2-313","metadata":false},{"id":75016,"structure_id":15170,"section_number":"64.2-314","catch_line":"Waiver","url":"\/64.2-314\/","token":"64.2\/II\/3\/2\/64.2-314","metadata":false}],"previous_section":{"id":87056,"structure_id":15170,"section_number":"64.2-309","catch_line":"Family allowance","url":"\/64.2-309\/","token":"64.2\/II\/3\/2\/64.2-309","metadata":false},"next_section":{"id":58287,"structure_id":15170,"section_number":"64.2-311","catch_line":"Homestead allowance","url":"\/64.2-311\/","token":"64.2\/II\/3\/2\/64.2-311","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-310\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 580 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 1981 \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 1990, chapter 831; in 1996, chapter 549<\/a>; in 2001, chapter 368<\/a>; in 2012, chapter 614<\/a>; in 2014, chapter 532<\/a>; in 2025, chapter 148<\/a>.<\/p>","references":[{"id":75016,"section_number":"64.2-314","catch_line":"Waiver","order_by":null,"url":"\/64.2-314\/"}],"refers_to":false,"permalink":{"id":273059,"object_type":"law","relational_id":61915,"identifier":"64.2-310","token":"64.2\/II\/3\/2\/64.2-310","url":"\/64.2-310\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-310\/","token":"64.2\/II\/3\/2\/64.2-310","dublin_core":{"Title":"Exempt property","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-310","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In addition to any other right or allowance under this article, the surviving spouse of a decedent who was domiciled in the Commonwealth is entitled from the estate to value<\/span> not exceeding $25,000 in excess of any security interests therein in household furniture, automobiles, furnishings, appliances, and personal effects. If there is no surviving spouse, the minor<\/span> children of the decedent are entitled in equal shares to such property of the same value<\/span>. If the value<\/span> of the exempt property selected in excess of any security interests therein is less than $25,000, or if there is not $25,000 worth of exempt property in the estate, the spouse or minor<\/span> children are entitled to other assets<\/span> of the estate, if any, to the extent necessary to make up the $25,000 value<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The right to exempt property and other assets<\/span> of the estate needed to make up a deficiency of exempt property has priority over all claims against the estate, except the family allowance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The right to exempt property is in addition to any benefit or share passing to the surviving spouse or minor<\/span> children by the will<\/span> of the decedent, by intestate succession, or by way of elective share. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXEMPT PROPERTY (\u00a7 64.2-310)\n\nA. In addition to any other right or allowance under this article, the surviving\nspouse of a decedent who was domiciled in the Commonwealth is entitled from the\nestate to value not exceeding $25,000 in excess of any security interests\ntherein in household furniture, automobiles, furnishings, appliances, and\npersonal effects. If there is no surviving spouse, the minor children of the\ndecedent are entitled in equal shares to such property of the same value. If the\nvalue of the exempt property selected in excess of any security interests\ntherein is less than $25,000, or if there is not $25,000 worth of exempt\nproperty in the estate, the spouse or minor children are entitled to other\nassets of the estate, if any, to the extent necessary to make up the $25,000\nvalue.\n\nB. The right to exempt property and other assets of the estate needed to make up\na deficiency of exempt property has priority over all claims against the estate,\nexcept the family allowance.\n\nC. The right to exempt property is in addition to any benefit or share passing\nto the surviving spouse or minor children by the will of the decedent, by\nintestate succession, or by way of elective share.\n\nHISTORY: 1981, c. 580, \u00a7 64.1-151.2; 1990, c. 831; 1996, c. 549; 2001, c. 368;\n2012, c. 614; 2014, c. 532; 2025, c. 148.","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}}