Article 1.1 Elective Share of Surviving Spouse of Decedent Dying on or After January 1, 2017

This article is comprised of the following sections:
  • §64.2-308.1 Applicability; definitions
  • §64.2-308.10 Sources from which elective share payable
  • §64.2-308.11 Personal liability of recipients
  • §64.2-308.12 Proceeding for elective share; time limit
  • §64.2-308.13 Right of election personal to surviving spouse; incapacitated surviving spouse
  • §64.2-308.14 Waiver of right to elect and of other rights; defenses
  • §64.2-308.15 Protection of payors and other third parties
  • §64.2-308.16 Rights in family residence
  • §64.2-308.17 Statutory rights barred by desertion or abandonment
  • §64.2-308.2 Dower or curtesy abolished
  • §64.2-308.3 Elective share amount; effect of election on statutory benefits; non-domiciliary
  • §64.2-308.4 Composition of the augmented estate; marital property portion
  • §64.2-308.5 Decedent’s net probate estate
  • §64.2-308.6 Decedent’s non-probate transfers to others
  • §64.2-308.7 Decedent’s non-probate transfers to the surviving spouse
  • §64.2-308.8 Surviving spouse’s property and non-probate transfers to others
  • §64.2-308.9 Exclusions, valuation, and overlapping application