                                 CODE OF VIRGINIA

ELECTIVE SHARE AMOUNT; EFFECT OF ELECTION ON STATUTORY BENEFITS; NON-DOMICILIARY
(§ 64.2-308.3)

A. The surviving spouse of a decedent who dies domiciled in this state has a
right of election, under the limitations and conditions stated in this article,
to take an elective-share amount equal to 50 percent of the value of the
marital-property portion of the augmented estate.

B. If the right of election is exercised by or on behalf of the surviving
spouse, the surviving spouse&#8217;s homestead allowance, exempt property, and
family allowance, if any, are not charged against but are in addition to the
elective-share amount.

C. The right, if any, of the surviving spouse of a decedent who dies domiciled
outside this state to take an elective share in property in this state is
governed by the law of the decedent&#8217;s domicile at death.

HISTORY: 2016, cc. 187, 269.