                                 CODE OF VIRGINIA

SURVIVING SPOUSE&#8217;S PROPERTY AND NON-PROBATE TRANSFERS TO OTHERS (§
64.2-308.8)

A. Except to the extent included in the augmented estate under § 64.2-308.5 or
64.2-308.7, the value of the augmented estate includes the value of:

   1. Property that was owned by the decedent&#8217;s surviving spouse at the
   decedent&#8217;s death, including:
   				a. The surviving spouse&#8217;s fractional interest in property held in
   joint tenancy with the right of survivorship;
   				b. The surviving spouse&#8217;s ownership interest in property or accounts
   held in co-ownership registration with the right of survivorship; and
   				c. Property that passed to the surviving spouse by reason of the
   decedent&#8217;s death, but not including the spouse&#8217;s right to
   homestead allowance, family allowance, exempt property, or payments under the
   federal social security system.

   2. Property that would have been included in the surviving spouse&#8217;s
   non-probate transfers to others, other than the spouse&#8217;s fractional and
   ownership interests included under subdivision 1 a or b, had the spouse been
   the decedent.

B. Property included under this section is valued at the decedent&#8217;s death,
taking the fact that the decedent predeceased the spouse into account, but, for
purposes of subdivision A 1 a or b, the values of the spouse&#8217;s fractional
and ownership interests are determined immediately before the decedent&#8217;s
death if the decedent was then a joint tenant or a co-owner of the property or
accounts. For purposes of subdivision A 2, proceeds of insurance that would have
been included in the spouse&#8217;s non-probate transfers to others under
subdivision 1 d of &#xA7; 64.2-308.6 are not valued as if the spouse were
deceased.

C. The value of property included under this section is reduced by enforceable
claims against the surviving spouse.

HISTORY: 2016, cc. 187, 269.