A. The provisions of this article shall apply to determining the elective share of a surviving spouse for decedents dying before January 1, 2017.
B. As used in this article, the terms "estate" and "property" shall include insurance policies, retirement benefits exclusive of federal social security benefits, annuities, pension plans, deferred compensation arrangements, and employee benefit plans to the extent owned by, vested in, or subject to the control of the decedent on the date of his death or the date of an irrevocable transfer by him during his lifetime. All such insurance policies and other benefits are included in the terms "estate" and "property" notwithstanding the presence of language contained in any statute otherwise providing that neither they nor their proceeds shall be liable to attachment, garnishment, levy, execution, or other legal process or be seized, taken, appropriated, or applied by any legal or equitable process or operation of law or any other such similar language.
1990, c. 831, §§ 64.1-16.1, 64.1-16.2; 1992, cc. 617, 647; 1998, c. 234; 1999, c. 38; 2007, c. 308; 2012, c. 614; 2016, cc. 187, 269.
Structure Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
Chapter 3 - Rights of Married Persons
§ 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
§ 64.2-304. Rights upon claiming an elective share
§ 64.2-305. Augmented estate; exclusions; valuation
§ 64.2-307. Rights in family residence
§ 64.2-308. Statutory rights barred by desertion or abandonment
§ 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
§ 64.2-311. Homestead allowance
§ 64.2-313. When and how exempt property and allowances may be claimed
§ 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
§ 64.2-322. Acts of married persons