{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-311.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-311.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-311.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-311.html"}],"law_id":58287,"edition_id":1,"section_id":58287,"structure_id":15170,"section_number":"64.2-311","catch_line":"Homestead allowance","history":"1981, c. 580, \u00a7 64.1-151.3; 1990, c. 831; 2001, c. 368; 2012, c. 614; 2014, c. 532; 2016, cc. 187, 269; 2017, cc. 32, 82; 2025, c. 148.","full_text":"A\n\nIn addition to any other right or allowance under this article, a surviving spouse of a decedent who was domiciled in the Commonwealth is entitled to a homestead allowance of $25,000. If there is no surviving spouse, each minor child of the decedent is entitled to a homestead allowance amounting to $25,000, divided by the number of minor children.B\n\nThe homestead allowance has priority over all claims against the estate, except the family allowance and the right to exempt property.C\n\nThe homestead allowance is in lieu of any share passing to the surviving spouse or minor children by the decedent’s will or by intestate succession; provided, however, if the amount passing to the surviving spouse and minor children by the decedent’s will or by intestate succession is less than $25,000, then the surviving spouse or minor children are entitled to a homestead allowance in an amount that when added to the property passing to the surviving spouse and minor children by the decedent’s will or by intestate succession, equals the sum of $25,000.D\n\nIf the surviving spouse claims and receives an elective share of the decedent’s estate under §§ 64.2-302 through 64.2-307, the surviving spouse shall not have the benefit of any homestead allowance. If the surviving spouse claims and receives an elective share of the decedent’s estate under Article 1.1 (§ 64.2-308.1 et seq.), the homestead allowance shall be in addition to any benefit or share passing to the surviving spouse by way of elective share.","order_by":null,"text":{"0":{"id":213535,"text":"In addition to any other right or allowance under this article, a surviving spouse of a decedent who was domiciled in the Commonwealth is entitled to a homestead allowance of $25,000. If there is no surviving spouse, each minor child of the decedent is entitled to a homestead allowance amounting to $25,000, divided by the number of minor children.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":213536,"text":"The homestead allowance has priority over all claims against the estate, except the family allowance and the right to exempt property.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":213537,"text":"The homestead allowance is in lieu of any share passing to the surviving spouse or minor children by the decedent’s will or by intestate succession; provided, however, if the amount passing to the surviving spouse and minor children by the decedent’s will or by intestate succession is less than $25,000, then the surviving spouse or minor children are entitled to a homestead allowance in an amount that when added to the property passing to the surviving spouse and minor children by the decedent’s will or by intestate succession, equals the sum of $25,000.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":213538,"text":"If the surviving spouse claims and receives an elective share of the decedent’s estate under §§ 64.2-302 through 64.2-307, the surviving spouse shall not have the benefit of any homestead allowance. If the surviving spouse claims and receives an elective share of the decedent’s estate under Article 1.1 (§ 64.2-308.1 et seq.), the homestead allowance shall be in addition to any benefit or share passing to the surviving spouse by way of elective share.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-311\/","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 7 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 2001, chapter 368<\/a>; in 2012, chapter 614<\/a>; in 2014, chapter 532<\/a>; in 2016, chapters 187<\/a> and 269<\/a>; in 2017, chapters 32<\/a> and 82<\/a>; in 2025, chapter 148<\/a>.<\/p>","references":[{"id":72684,"section_number":"34-13","catch_line":"Householder may set apart exemption in personal estate","order_by":null,"url":"\/34-13\/"},{"id":61738,"section_number":"34-3","catch_line":"Articles not exempt from taxes or levies or for their purchase price","order_by":null,"url":"\/34-3\/"},{"id":86197,"section_number":"34-4","catch_line":"Exemption created","order_by":null,"url":"\/34-4\/"},{"id":54345,"section_number":"34-4.1","catch_line":"Additional exemption for certain veterans","order_by":null,"url":"\/34-4.1\/"},{"id":86973,"section_number":"34-4.2","catch_line":"Additional exemption for parents of dependent children","order_by":null,"url":"\/34-4.2\/"},{"id":75016,"section_number":"64.2-314","catch_line":"Waiver","order_by":null,"url":"\/64.2-314\/"}],"refers_to":[{"id":75301,"section_number":"64.2-302","catch_line":"When and how elective share may be claimed by surviving spouse","order_by":null,"url":"\/64.2-302\/"},{"id":54664,"section_number":"64.2-307","catch_line":"Rights in family residence","order_by":null,"url":"\/64.2-307\/"},{"id":86374,"section_number":"64.2-308.1","catch_line":"Applicability; definitions","order_by":null,"url":"\/64.2-308.1\/"}],"permalink":{"id":273063,"object_type":"law","relational_id":58287,"identifier":"64.2-311","token":"64.2\/II\/3\/2\/64.2-311","url":"\/64.2-311\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-311\/","token":"64.2\/II\/3\/2\/64.2-311","dublin_core":{"Title":"Homestead allowance","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-311","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, a surviving spouse of a decedent who was domiciled in the Commonwealth is entitled to a homestead allowance of $25,000. If there is no surviving spouse, each minor<\/span> child of the decedent is entitled to a homestead allowance amounting to $25,000, divided by the number of minor<\/span> children. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The homestead allowance has priority over all claims against the estate, except the family allowance and the right to exempt property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The homestead allowance is in lieu of any share passing to the surviving spouse or minor<\/span> children by the decedent’s will<\/span> or by intestate succession; provided, however, if the amount passing to the surviving spouse and minor<\/span> children by the decedent’s will<\/span> or by intestate succession is less than $25,000, then the surviving spouse or minor<\/span> children are entitled to a homestead allowance in an amount that when added to the property passing to the surviving spouse and minor<\/span> children by the decedent’s will<\/span> or by intestate succession, equals the sum of $25,000. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the surviving spouse claims and receives an elective share of the decedent’s estate under §§ 64.2-302<\/a> through 64.2-307<\/a>, the surviving spouse shall not have the benefit of any homestead allowance. If the surviving spouse claims and receives an elective share of the decedent’s estate under Article 1.1 (§ 64.2-308.1<\/a> et seq.), the homestead allowance shall be in addition to any benefit or share passing to the surviving spouse by way of elective share. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHOMESTEAD ALLOWANCE (\u00a7 64.2-311)\n\nA. In addition to any other right or allowance under this article, a surviving\nspouse of a decedent who was domiciled in the Commonwealth is entitled to a\nhomestead allowance of $25,000. If there is no surviving spouse, each minor\nchild of the decedent is entitled to a homestead allowance amounting to $25,000,\ndivided by the number of minor children.\n\nB. The homestead allowance has priority over all claims against the estate,\nexcept the family allowance and the right to exempt property.\n\nC. The homestead allowance is in lieu of any share passing to the surviving\nspouse or minor children by the decedent’s will or by intestate\nsuccession; provided, however, if the amount passing to the surviving spouse and\nminor children by the decedent’s will or by intestate succession is less\nthan $25,000, then the surviving spouse or minor children are entitled to a\nhomestead allowance in an amount that when added to the property passing to the\nsurviving spouse and minor children by the decedent’s will or by intestate\nsuccession, equals the sum of $25,000.\n\nD. If the surviving spouse claims and receives an elective share of the\ndecedent’s estate under §§ 64.2-302 through 64.2-307, the\nsurviving spouse shall not have the benefit of any homestead allowance. If the\nsurviving spouse claims and receives an elective share of the decedent’s\nestate under Article 1.1 (§ 64.2-308.1 et seq.), the homestead allowance\nshall be in addition to any benefit or share passing to the surviving spouse by\nway of elective share.\n\nHISTORY: 1981, c. 580, \u00a7 64.1-151.3; 1990, c. 831; 2001, c. 368; 2012, c. 614;\n2014, c. 532; 2016, cc. 187, 269; 2017, cc. 32, 82; 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}}