                                 CODE OF VIRGINIA

DISPOSITION UPON DEATH (§ 64.2-317)

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&#8217;s one-half
of the property is not subject to the surviving spouse&#8217;s right to an
elective share under § 64.2-302 or Article 1.1 (§ 64.2-308.1 et seq.), as
applicable.

HISTORY: 1982, c. 456, § 64.1-199; 1990, c. 831; 2012, c. 614; 2016, cc. 187,
269.