{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-317.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-317.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-317.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-317.html"}],"law_id":75800,"edition_id":1,"section_id":75800,"structure_id":15378,"section_number":"64.2-317","catch_line":"Disposition upon death","history":"1982, c. 456, \u00a7 64.1-199; 1990, c. 831; 2012, c. 614; 2016, cc. 187, 269.","full_text":"Upon death of a married person, one-half of the property to which this article applies is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the laws of intestate succession of the Commonwealth. One-half of that property is the property of the decedent and is subject to testamentary disposition or distribution under the laws of intestate succession of the Commonwealth. With respect to property to which this article applies, the decedent’s one-half of the property is not subject to the surviving spouse’s right to an elective share under \u00a7 64.2-302 or Article 1.1 (\u00a7 64.2-308.1 et seq.), as applicable.","order_by":null,"text":{"0":{"id":272180,"text":"Upon death of a married person, one-half of the property to which this article applies is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the laws of intestate succession of the Commonwealth. One-half of that property is the property of the decedent and is subject to testamentary disposition or distribution under the laws of intestate succession of the Commonwealth. With respect to property to which this article applies, the decedent’s one-half of the property is not subject to the surviving spouse’s right to an elective share under \u00a7 64.2-302 or Article 1.1 (\u00a7 64.2-308.1 et seq.), as applicable.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15378,"edition_id":1,"name":"Uniform Disposition of Community Property Rights at Death Act","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":12864,"metadata":{},"date_created":"2026-06-26 03:54:27","date_modified":"2026-06-26 03:54:27","permalink":{"id":273079,"object_type":"structure","relational_id":15378,"identifier":"3","token":"64.2\/II\/3\/3","url":"\/64.2\/II\/3\/3\/","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":61299,"structure_id":15378,"section_number":"64.2-315","catch_line":"Application","url":"\/64.2-315\/","token":"64.2\/II\/3\/3\/64.2-315","metadata":false},{"id":70090,"structure_id":15378,"section_number":"64.2-316","catch_line":"Presumptions","url":"\/64.2-316\/","token":"64.2\/II\/3\/3\/64.2-316","metadata":false},{"id":75800,"structure_id":15378,"section_number":"64.2-317","catch_line":"Disposition upon death","url":"\/64.2-317\/","token":"64.2\/II\/3\/3\/64.2-317","metadata":false},{"id":75288,"structure_id":15378,"section_number":"64.2-318","catch_line":"Perfection of title of surviving spouse","url":"\/64.2-318\/","token":"64.2\/II\/3\/3\/64.2-318","metadata":false},{"id":79900,"structure_id":15378,"section_number":"64.2-319","catch_line":"Perfection of title of personal representative, heir or devisee","url":"\/64.2-319\/","token":"64.2\/II\/3\/3\/64.2-319","metadata":false},{"id":79329,"structure_id":15378,"section_number":"64.2-320","catch_line":"Purchaser for value or lender","url":"\/64.2-320\/","token":"64.2\/II\/3\/3\/64.2-320","metadata":false},{"id":80466,"structure_id":15378,"section_number":"64.2-321","catch_line":"Creditor's rights","url":"\/64.2-321\/","token":"64.2\/II\/3\/3\/64.2-321","metadata":false},{"id":75701,"structure_id":15378,"section_number":"64.2-322","catch_line":"Acts of married persons","url":"\/64.2-322\/","token":"64.2\/II\/3\/3\/64.2-322","metadata":false},{"id":58563,"structure_id":15378,"section_number":"64.2-323","catch_line":"Limitations on testamentary disposition","url":"\/64.2-323\/","token":"64.2\/II\/3\/3\/64.2-323","metadata":false},{"id":69872,"structure_id":15378,"section_number":"64.2-324","catch_line":"Uniformity of application and construction","url":"\/64.2-324\/","token":"64.2\/II\/3\/3\/64.2-324","metadata":false}],"previous_section":{"id":70090,"structure_id":15378,"section_number":"64.2-316","catch_line":"Presumptions","url":"\/64.2-316\/","token":"64.2\/II\/3\/3\/64.2-316","metadata":false},"next_section":{"id":75288,"structure_id":15378,"section_number":"64.2-318","catch_line":"Perfection of title of surviving spouse","url":"\/64.2-318\/","token":"64.2\/II\/3\/3\/64.2-318","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-317\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 456 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 1982 \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 1990, chapter 831; in 2012, chapter 614<\/a>; in 2016, chapters 187<\/a> and 269<\/a>.<\/p>","references":false,"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":86374,"section_number":"64.2-308.1","catch_line":"Applicability; definitions","order_by":null,"url":"\/64.2-308.1\/"}],"permalink":{"id":273089,"object_type":"law","relational_id":75800,"identifier":"64.2-317","token":"64.2\/II\/3\/3\/64.2-317","url":"\/64.2-317\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-317\/","token":"64.2\/II\/3\/3\/64.2-317","dublin_core":{"Title":"Disposition upon death","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-317","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Upon death of a married person, one-half of the property to which this article applies is the property of the surviving spouse and is not subject to testamentary disposition<\/span> by the decedent or distribution under the laws<\/span> of intestate succession of the Commonwealth. One-half of that property is the property of the decedent and is subject to testamentary disposition<\/span> or distribution under the laws<\/span> of intestate succession of the Commonwealth. With respect to property to which this article applies, the decedent’s one-half of the property is not subject to the surviving spouse’s right to an elective share under \u00a7 64.2-302<\/a> or Article 1.1 (\u00a7 64.2-308.1<\/a> et seq.), as applicable.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISPOSITION UPON DEATH (\u00a7 64.2-317)\n\nUpon death of a married person, one-half of the property to which this article\napplies is the property of the surviving spouse and is not subject to\ntestamentary disposition by the decedent or distribution under the laws of\nintestate succession of the Commonwealth. One-half of that property is the\nproperty of the decedent and is subject to testamentary disposition or\ndistribution under the laws of intestate succession of the Commonwealth. With\nrespect to property to which this article applies, the decedent’s one-half\nof the property is not subject to the surviving spouse’s right to an\nelective share under \u00a7 64.2-302 or Article 1.1 (\u00a7 64.2-308.1 et seq.), as\napplicable.\n\nHISTORY: 1982, c. 456, \u00a7 64.1-199; 1990, c. 831; 2012, c. 614; 2016, cc. 187,\n269.","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}}