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2021 Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
Chapter 3 - Rights of Married Persons
Article 1. Elective Share of Surviving Spouse of Decedent Dying Before January 1, 2017
- § 64.2-300. Applicability; definitions
- § 64.2-301. Dower or curtesy abolished
- § 64.2-302. When and how elective share may be claimed by surviving spouse
- § 64.2-303. Extension of time until after determination of action for construction of will or extent of augmented estate
- § 64.2-304. Rights upon claiming an elective share
- § 64.2-305. Augmented estate; exclusions; valuation
- § 64.2-306. Charging spouse with the value of property received; liability of others for balance of elective share
- § 64.2-307. Rights in family residence
- § 64.2-308. Statutory rights barred by desertion or abandonment
Article 1.1. Elective Share of Surviving Spouse of Decedent Dying on or After January 1, 2017
- § 64.2-308.1. Applicability; definitions
- § 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
- § 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
Article 2. Exempt Property and Allowances
- § 64.2-309. Family allowance
- § 64.2-310. Exempt property
- § 64.2-311. Homestead allowance
- § 64.2-312. Source, determination, and documentation of family allowance, exempt property, and homestead allowance; petition for relief
- § 64.2-313. When and how exempt property and allowances may be claimed
- § 64.2-314. Waiver
Article 3. Uniform Disposition of Community Property Rights at Death Act
- § 64.2-315. Application
- § 64.2-316. Presumptions
- § 64.2-317. Disposition upon death
- § 64.2-318. Perfection of title of surviving spouse
- § 64.2-319. Perfection of title of personal representative, heir or devisee
- § 64.2-320. Purchaser for value or lender
- § 64.2-321. Creditor's rights
- § 64.2-322. Acts of married persons
- § 64.2-323. Limitations on testamentary disposition
- § 64.2-324. Uniformity of application and construction
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