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Code of Virginia (Last Updated:July 28, 2020) |
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TITLE 64.2. Wills, Trusts, and Fiduciaries |
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SUBTITLE II. Wills and Decedents' Estates |
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CHAPTER 3. Rights of Married Persons |
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ARTICLE 1.1. Elective Share of Surviving Spouse of Decedent Dying on or After January 1, 2017 |
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SECTION 64.2-308.3. Elective share amount; effect of election on statutory benefits; non-domiciliary |
SECTION 64.2-308.3. Elective share amount; effect of election on statutory benefits; non-domiciliary
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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'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's domicile at death. |