Code of Virginia § 64.2-304. Rights upon claiming an elective share.
102 words·~1 min read·
/va/title-64-2/chapter-3/64-2-304A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If a claim for an elective share is made, the surviving spouse is entitled to
(i)one-third of the decedent's augmented estate if the decedent left surviving children or their descendants or
(ii)one-half of the decedent's augmented estate if the decedent left no surviving children or their descendants. The surviving spouse is entitled to interest at the legal rate specified in § 6.2-301 from the date of the decedent's death to the date of satisfaction of the elective share.
Code 1950, § 64-16; 1968, c. 656, § 64.1-16; 1978, c. 647; 1986, c. 526; 1990, c. 831; 2012, c. 614 .