A. The tax imposed by this article shall be based upon the value of all property, real and personal, within the jurisdiction of the Commonwealth, which shall pass from the decedent to each beneficiary by will or intestacy. The value of all real estate shall be included although the real estate does not come into the control or possession of the personal representative for intestate administration purposes and whether or not the personal representative under a will is charged with any duty with respect to such real estate. However, in no event shall the value of real estate owned by the decedent and situated outside of the Commonwealth be considered in computing the value of the estate.
B. The value of the estate shall be determined at the time of death of the decedent, or if an alternate time of valuation has been chosen under § 2032 of the Internal Revenue Code for purposes of federal taxation, at such time.
Code 1950, §§ 58-66, 58-67; 1973, c. 282; 1984, c. 675.
Structure Code of Virginia
Chapter 17 - Miscellaneous Taxes
§ 58.1-1704. Tax segregated for state taxation
§ 58.1-1705. Disposition of proceeds
§ 58.1-1710. Disposition of proceeds
§ 58.1-1712. Levy; rate of tax
§ 58.1-1713. Value of the estate; time of valuation
§ 58.1-1715. Payment of tax prerequisite to qualification
§ 58.1-1716. Estates committed to court-appointed administrator
§ 58.1-1717.1. Tax in lieu of probate tax
§ 58.1-1718. City or county probate tax
§ 58.1-1718.01. Exemption for victims of the Virginia Beach mass shooting
§ 58.1-1726. When no tax on a seal to be charged
§ 58.1-1727. Taxes on suits or writ taxes generally
§ 58.1-1729. Payment prerequisite to issue of writ, etc.; effect of failure to collect
§ 58.1-1730. Tax for enhanced 911 service; definitions
§ 58.1-1731. Fee for digital media purchase or rental
§ 58.1-1733. Disposition of proceeds
§ 58.1-1738. Administration of the tax
§ 58.1-1739. Forwarding of tax information to law-enforcement officials
§ 58.1-1740. Credits against tax
§ 58.1-1741. Disposition of revenues
§ 58.1-1745. Disposable plastic bag tax