reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 1 - Definitions and General Provisions › § 64.2-108. Power granted to personal representatives and trustees to donate conservation or open-space easements

Personal representatives and trustees, whether heretofore or hereafter qualified or appointed, are hereby granted the power to donate a conservation easement as provided in the Virginia Conservation Easement Act (§ 10.1-1009 et seq.) or an open-space easement as provided in the Open-Space Land Act (§ 10.1-1700 et seq.) on any real property of their decedents and settlors, in order to obtain the benefit of the estate tax exclusion allowed under § 2031(c) of the Internal Revenue Code of 1986, as amended, provided they have the written consent of all of the heirs, beneficiaries, and devisees whose interests are affected thereby. Upon petition of the personal representative or trustee, the circuit court may give consent on behalf of any unborn, unascertained, or incapacitated heirs, beneficiaries, or devisees whose interests are affected thereby after determining that (i) the donation of the conservation easement will not adversely affect such heirs, beneficiaries, or devisees or (ii) it is more likely than not that such heirs, beneficiaries, or devisees would consent if they were before the court and capable of giving consent. A guardian ad litem shall be appointed to represent the interests of any unborn, unascertained, or incapacitated persons.
1999, cc. 503, 527, § 64.1-57.3; 2009, c. 588; 2012, c. 614.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 1 - Definitions and General Provisions › § 64.2-108.1. References to former sections, articles, or chapters

When any will, trust instrument, power of attorney, or other instrument refers to a section of the Code that, at the time the reference was made in the will, trust instrument, power of attorney, or other instrument, had been repealed and transferred in the same or a modified form to a new section, article, or chapter in Title 64.2, the reference shall be construed to refer to the latter in the absence of any intent to the contrary.
2013, c. 89.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 1 - Definitions and General Provisions › § 64.2-108.2. Provision in certain trust void

A. For purposes of this section, "medical assistance" and "medical assistance benefits" mean benefits payable under the state plan for medical assistance services.
B. Except as provided in subsection C, a provision in any inter vivos trust created for the benefit of the grantor that provides directly or indirectly for the suspension, termination, or diversion of the principal, income, or other beneficial interest of the grantor in the event that he should apply for medical assistance or require medical, hospital, or nursing care or long-term custodial, nursing, or medical care shall be against public policy and ineffective as against the Commonwealth. The assets of the trust, both principal and interest, shall be distributed as though no such application had been made. The provisions of this subsection shall apply without regard to the irrevocability of the trust or the purpose for which the trust was created.
C. Subsection B shall not apply to any trust with a corpus of $25,000 or less. If the corpus of any such trust exceeds $25,000, $25,000 of the trust shall be exempt from the provisions of subsection B. However, if the grantor has created more than one trust as described in subsection B, the $25,000 exemption shall be prorated among the trusts. Further, if the grantor made uncompensated transfers, as defined in § 20-88.02, within 30 months of applying for Medicaid benefits and no payments were ordered pursuant to subsection D of § 20-88.02, the $25,000 exemption under this subsection shall not apply.
D. The exemption provided by subsection C shall not apply to any trust created on or after August 11, 1993.
E. To the extent any trust created between August 11, 1993, and July 1, 1994 would but for subsection D be entitled to the exemption provided by subsection C, the grantor may revoke such trust notwithstanding any irrevocability in the terms of such trust. Nothing contained in this subsection shall be construed to authorize the grantor to effect the vested rights of any beneficiary of such trust without the express written consent of such beneficiary.
F. The provisions of subsection B shall not apply to an irrevocable inter vivos trust to the extent it is created for the purpose of paying the grantor's funeral and burial expenses and is funded in an amount and manner allowable as a resource in determining eligibility for medical assistance benefits. In the event any amount remains in the trust upon payment of the funeral or burial arrangements provided to or on behalf of such individual, the Commonwealth shall receive all amounts remaining in such trust up to an amount equal to the total medical assistance paid on behalf of the individual.
1993, c. 701, § 55-19.5; 1994, c. 692; 1998, c. 735; 2019, c. 712.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 1 - Definitions and General Provisions › § 64.2-117. Applicability

A. This article applies to:
1. A fiduciary acting under a will or power of attorney executed before, on, or after July 1, 2017;
2. A personal representative acting for a decedent who died before, on, or after July 1, 2017;
3. A conservatorship proceeding commenced before, on, or after July 1, 2017;
4. A guardianship proceeding commenced before, on, or after July 1, 2017; and
5. A trustee acting under a trust created before, on, or after July 1, 2017.
B. This article applies to a custodian if the user resides in the Commonwealth or resided in the Commonwealth at the time of the user's death.
C. This article does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.
2017, cc. 33, 80.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 1 - Definitions and General Provisions › § 64.2-118. User direction for disclosure of digital assets

A. A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
B. If a user has not used an online tool to give direction under subsection A or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.
C. A user's direction under subsection A or B overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.
2017, cc. 33, 80.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 1 - Definitions and General Provisions › § 64.2-119. Terms-of-service agreement

A. This article does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.
B. This article does not give a fiduciary or a designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.
C. A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under § 64.2-118.
2017, cc. 33, 80.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 1 - Definitions and General Provisions › § 64.2-120. Procedure for disclosing digital assets

A. When disclosing digital assets of a user under this article, the custodian may, at its sole discretion:
1. Grant a fiduciary or designated recipient full access to the user's account;
2. Grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or
3. Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
B. A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this article.
C. A custodian need not disclose under this article a digital asset deleted by a user.
D. If a user directs or a fiduciary requests a custodian to disclose under this article some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose:
1. A subset limited by date of the user's digital assets;
2. All of the user's digital assets to the fiduciary or designated recipient;
3. None of the user's digital assets; or
4. All of the user's digital assets to the court for review in camera.
2017, cc. 33, 80.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 1 - Definitions and General Provisions › § 64.2-121. Disclosure of content of electronic communications of deceased user

If a deceased user consented to or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of electronic communications sent or received by the user if the representative gives the custodian:
1. A written request for disclosure in physical or electronic form;
2. A certified copy of the death certificate of the user;
3. A certified copy of the letter of appointment of the representative or a small-estate affidavit or court order;
4. Unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and
5. If requested by the custodian:
a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
b. Evidence linking the account to the user; or
c. A finding by the court that (i) the user had a specific account with the custodian, identifiable by the information specified in subdivision a; (ii) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701 et seq., 47 U.S.C. § 222, or other applicable law; (iii) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or (iv) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
2017, cc. 33, 80.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 1 - Definitions and General Provisions › § 64.2-122. Disclosure of other digital assets of deceased user

Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalog of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian:
1. A written request for disclosure in physical or electronic form;
2. A certified copy of the death certificate of the user;
3. A certified copy of the letter of appointment of the representative or a small-estate affidavit or court order; and
4. If requested by the custodian:
a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
b. Evidence linking the account to the user;
c. An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or
d. A finding by the court that (i) the user had a specific account with the custodian, identifiable by the information specified in subdivision a or (ii) disclosure of the user's digital assets is reasonably necessary for administration of the estate.
2017, cc. 33, 80.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 1 - Definitions and General Provisions › § 64.2-123. Disclosure of content of electronic communications of principal

To the extent that a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian:
1. A written request for disclosure in physical or electronic form;
2. An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
3. A certification by the agent that the power of attorney is in effect; and
4. If requested by the custodian:
a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
b. Evidence linking the account to the principal.
2017, cc. 33, 80.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 1 - Definitions and General Provisions › § 64.2-124. Disclosure of other digital assets of principal

Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalog of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:
1. A written request for disclosure in physical or electronic form;
2. An original or copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;
3. A certification by the agent that the power of attorney is in effect; and
4. If requested by the custodian:
a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
b. Evidence linking the account to the principal.
2017, cc. 33, 80.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 1 - Definitions and General Provisions › § 64.2-125. Disclosure of digital assets held in trust when trustee is original user

Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalog of electronic communications of the trustee and the content of electronic communications.
2017, cc. 33, 80.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 1 - Definitions and General Provisions › § 64.2-126. Disclosure of contents of electronic communications held in trust when trustee is not original user

Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of electronic communications sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:
1. A written request for disclosure in physical or electronic form;
2. A certified copy of the trust instrument, or a certification of the trust under § 64.2-804 that includes consent to disclosure of the content of electronic communications to the trustee;
3. A certification by the trustee that the trust exists and the trustee is a currently acting trustee of the trust; and
4. If requested by the custodian:
a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
b. Evidence linking the account to the trust.
2017, cc. 33, 80.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 1 - Definitions and General Provisions › § 64.2-127. Disclosure of other digital assets held in trust when trustee is not original user

Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalog of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:
1. A written request for disclosure in physical or electronic form;
2. A certified copy of the trust instrument or a certification of the trust under § 64.2-804;
3. A certification by the trustee that the trust exists and the trustee is a currently acting trustee of the trust; and
4. If requested by the custodian:
a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
b. Evidence linking the account to the trust.
2017, cc. 33, 80.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 1 - Definitions and General Provisions › § 64.2-128. Disclosure of digital assets to conservator or guardian of protected person

A. After an opportunity for a hearing under Chapter 20 (§ 64.2-2000 et seq.), the court may grant a conservator or guardian access to the digital assets of a protected person.
B. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator or guardian the catalog of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator or guardian gives the custodian:
1. A written request for disclosure in physical or electronic form;
2. A certified copy of the court order that gives the conservator or guardian authority over the digital assets of the protected person; and
3. If requested by the custodian:
a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or
b. Evidence linking the account to the protected person.
C. A conservator with general authority to manage the assets of a protected person or a guardian with specific authority granted by the court may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section shall be accompanied by a certified copy of the court order giving the conservator or guardian authority over the protected person's property.
2017, cc. 33, 80.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 1 - Definitions and General Provisions › § 64.2-129. Fiduciary duty and authority

A. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:
1. The duty of care;
2. The duty of loyalty; and
3. The duty of confidentiality.
B. A fiduciary's or designated recipient's authority with respect to a digital asset of a user:
1. Except as otherwise provided in § 64.2-118, is subject to the applicable terms-of-service agreement;
2. Is subject to other applicable law, including copyright law;
3. In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
4. May not be used to impersonate the user.
C. A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access any digital asset in which the decedent, protected person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
D. A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of applicable computer-fraud and unauthorized computer-access laws, including Article 7.1 (§ 18.2-152.1 et seq.) of Chapter 5 of Title 18.2.
E. A fiduciary with authority over the tangible personal property of a decedent, protected person, principal, or settlor:
1. Has the right to access the property and any digital asset stored in it; and
2. Is an authorized user for the purposes of computer-fraud and unauthorized computer-access laws, including Article 7.1 (§ 18.2-152.1 et seq.) of Chapter 5 of Title 18.2.
F. A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
G. A fiduciary of a user may request a custodian to terminate the user's account. A request for termination shall be in writing, in either physical or electronic form, and accompanied by:
1. If the user is deceased, a certified copy of the death certificate of the user;
2. A certified copy of the letter of appointment of the representative or a small-estate affidavit or court order, court order, power of attorney, or trust giving the fiduciary authority over the account; and
3. If requested by the custodian:
a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
b. Evidence linking the account to the user; or
c. A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subdivision a.
2017, cc. 33, 80.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 1 - Definitions and General Provisions › § 64.2-130. Custodian compliance and immunity

A. Not later than 60 days after receipt of the information required under §§ 64.2-121 through 64.2-129, a custodian shall comply with a request under this article from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.
B. An order under subsection A directing compliance shall contain a finding that compliance is not in violation of 18 U.S.C. § 2702.
C. A custodian may notify the user that a request for disclosure or to terminate an account was made under this article.
D. A custodian may deny a request under this article from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.
E. This article does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this article to obtain a court order that:
1. Specifies that an account belongs to a protected person or principal;
2. Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and
3. Contains a finding required by law other than this article.
F. A custodian and its officer, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this article.
2017, cc. 33, 80.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 1 - Definitions and General Provisions › § 64.2-131. Uniformity of application and construction

In applying and construing this article, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
2017, cc. 33, 80.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 1 - Definitions and General Provisions › § 64.2-132. Relation to Electronic Signatures in Global and National Commerce Act

This article modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in § 103(b) of that act, 15 U.S.C. § 7003(b).
2017, cc. 33, 80.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 2 - Descent and Distribution › § 64.2-200. Course of descents generally; right of Commonwealth if no other heir

A. The real estate of any decedent not effectively disposed of by will descends and passes by intestate succession in the following course:
1. To the surviving spouse of the decedent, unless the decedent is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case, two-thirds of the estate descends and passes to the decedent's children and their descendants, and one-third of the estate descends and passes to the surviving spouse.
2. If there is no surviving spouse, then the estate descends and passes to the decedent's children and their descendants.
3. If there is none of the foregoing, then to the decedent's parents, or to the surviving parent.
4. If there is none of the foregoing, then to the decedent's siblings, and their descendants.
5. If there is none of the foregoing, then one-half of the estate descends and passes to the kindred of one of the decedent's parents and one-half descends and passes to the kindred of the other of the decedent's parents in the following course:
a. To the decedent's grandparents, or to the surviving grandparent.
b. If there is none of the foregoing, then to the decedent's uncles and aunts, and their descendants.
c. If there is none of the foregoing, then to the decedent's great-grandparents.
d. If there is none of the foregoing, then to the siblings of the decedent's grandparents, and their descendants.
e. And so on, in other cases, without end, passing to the nearest lineal ancestors, and the descendants of such ancestors.
B. If there are no surviving kindred of one of the decedent's parents, the whole estate descends and passes to the surviving kindred of the other of the decedent's parents. If there are no kindred of either parent, the whole estate descends and passes to the kindred of the decedent's most recent spouse, if any, provided that the decedent and the spouse were married at the time of the spouse's death, as if such spouse had died intestate and entitled to the estate.
C. If there is no other heir of a decedent's real estate, such real estate is subject to escheat to the Commonwealth in accordance with Chapter 24 (§ 55.1-2400 et seq.) of Title 55.1.
Code 1950, § 64-1; 1956, c. 109; 1968, c. 656, § 64.1-1; 1977, c. 474; 1982, c. 304; 1985, c. 189; 1990, c. 831; 2012, c. 614; 2020, c. 900.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 2 - Descent and Distribution › § 64.2-201. Distribution of personal estate; right of Commonwealth if no other distributee

A. The surplus of the personal estate or any part thereof of any decedent, after payment of funeral expenses, charges of administration, and debts, and subject to the provisions of Article 2 (§ 64.2-309 et seq.) of Chapter 3, not effectively disposed of by will passes by intestate succession and is distributed to the same persons, and in the same proportions, as real estate descends pursuant to § 64.2-200.
B. If there is no other distributee of a decedent's personal estate, such personal estate shall accrue to the Commonwealth.
Code 1950, §§ 64-11, 64-12; 1968, c. 656, §§ 64.1-11, 64.1-12; 1978, c. 647; 1981, c. 580; 1982, c. 304; 1983, c. 320; 2012, c. 614.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 2 - Descent and Distribution › § 64.2-202. When persons take per capita and when per stirpes; collaterals of the half blood

A. A decedent's estate, or each half portion of such estate when division is required by subdivision A 5 of § 64.2-200, shall, except when otherwise provided in subdivision A 1 of § 64.2-200, be divided into as many equal shares as there are (i) heirs and distributees who are in the closest degree of kinship to the decedent and (ii) deceased persons, if any, in the same degree of kinship to the decedent who, if living, would have been heirs and distributees and who left descendants surviving at the time of the decedent's death. One share of the estate or half portion thereof shall descend and pass to each such heir and distributee and one share shall descend and pass per stirpes to such descendants.
B. Notwithstanding the provisions of subsection A, collaterals of the half blood shall inherit only half as much as those of the whole blood.
Code 1950, §§ 64-2, 64-3; 1968, c. 656, §§ 64.1-2, 64.1-3; 1986, c. 305; 2012, c. 614.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 2 - Descent and Distribution › § 64.2-203. Inheritance rights of certain individuals

A. Except as otherwise provided by law, no person is barred from inheriting because such person or a person through whom he claims his inheritance is or has been an alien.
B. A person who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that would entitle him to the larger share.
Code 1950, § 64-4; 1968, c. 656, § 64.1-4; 1978, c. 647, § 64.1-6.1; 2012, c. 614.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 2 - Descent and Distribution › § 64.2-204. Afterborn heirs

Relatives of the decedent conceived before his death but born thereafter, and children resulting from assisted conception born after the decedent's death who are determined to be relatives of the decedent as provided in Chapter 9 (§ 20-156 et seq.) of Title 20, shall inherit as if they had been born during the lifetime of the decedent.
1978, c. 647, § 64.1-8.1; 1994, c. 919; 2012, c. 614.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 2 - Descent and Distribution › § 64.2-205. Right of entry or action for land not affected by descent cast

The right to make entry on or bring an action to recover land is not tolled or defeated by descent cast.
Code 1950, § 64-10; 1968, c. 656, § 64.1-10; 2012, c. 614.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 2 - Descent and Distribution › § 64.2-206. Advancements brought into hotchpot

When the descendant of a decedent receives any property as an advancement from the decedent during the decedent's lifetime or under the decedent's will, and the descendant, or any descendant of his, is also to receive a distribution of any portion of the decedent's intestate estate, real or personal, the advancement shall be brought into hotchpot with the intestate estate and the descendant is entitled to his proper portion of the entire intestate estate, including such advancement.
Code 1950, § 64-17; 1968, c. 656, § 64.1-17; 2012, c. 614.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 3 - Rights of Married Persons › § 64.2-300. Applicability; definitions

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.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 3 - Rights of Married Persons › § 64.2-301. Dower or curtesy abolished

The interests of dower and curtesy are abolished. However, the abolition of dower and curtesy pursuant to this section shall not change or diminish the nature or right of (i) any dower or curtesy interest of a surviving spouse whose dower or curtesy vested prior to January 1, 1991, or (ii) a creditor or other interested third party in any real estate subject to a right of dower or curtesy.
The rights of all such parties, and the procedures for enforcing such rights, shall continue to be governed by the laws in force prior to January 1, 1991.
1990, c. 831, § 64.1-19.2; 2012, c. 614.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 3 - Rights of Married Persons › § 64.2-302. When and how elective share may be claimed by surviving spouse

A. A surviving spouse may claim an elective share regardless of whether (i) any provision for the surviving spouse is made in the decedent's will or (ii) the decedent dies intestate.
B. The surviving spouse of a decedent who dies domiciled in the Commonwealth may claim an elective share in the decedent's augmented estate within six months from the later of (i) the time of the admission of the decedent's will to probate or (ii) the qualification of an administrator on the decedent's intestate estate. The claim to an elective share shall be made either in person before the court having jurisdiction over administration of the decedent's estate, or by a writing recorded in the court or the clerk's office thereof, upon such acknowledgment or proof as would authorize a writing to be admitted to record under Chapter 6 (§ 55.1-600 et seq.) of Title 55.1.
C. The right, if any, of the surviving spouse of a decedent who dies domiciled outside of the Commonwealth to take an elective share based upon the value of property in the Commonwealth is governed by the law of the decedent's domicile at death.
Code 1950, § 64-13; 1968, c. 656, § 64.1-13; 1990, c. 831; 1995, c. 211; 2012, c. 614.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 3 - Rights of Married Persons › § 64.2-303. Extension of time until after determination of action for construction of will or extent of augmented estate

If (i) a will is of doubtful import as to the amount or value of the property the surviving spouse of the decedent is to receive thereunder or (ii) the composition or value of the augmented estate is uncertain, and an action to resolve such issues is pending, the court in which the action is pending shall, upon the application of the surviving spouse made within the six-month period set forth in § 64.2-302, enter an order extending the time within which the surviving spouse may make a claim for an elective share. Such additional period within which to make a claim for an elective share shall not exceed 90 days after a final order has been entered in such suit, either by a trial court or any appellate court to which it is appealed.
Code 1950, § 64-14; 1968, c. 656, § 64.1-14; 1990, c. 831; 2012, c. 614.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 3 - Rights of Married Persons › § 64.2-304. Rights upon claiming an elective share

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.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 3 - Rights of Married Persons › § 64.2-307. Rights in family residence

Until the surviving spouse's rights in the principal family residence have been determined and satisfied by an agreement between the parties or a final court decree, in cases (i) where the principal family residence passes under the provisions of § 64.2-200 and the decedent is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, or (ii) where the surviving spouse claims an elective share in the decedent's augmented estate under this article, the surviving spouse may hold, occupy, and enjoy the principal family residence and curtilage without charge for rent, repairs, taxes, or insurance. If the surviving spouse is deprived of possession of the principal family residence and curtilage, upon the filing of a complaint for unlawful entry or detainer, he is entitled to recover possession of such residence and damages sustained by him by reason of such deprivation during the time he was so deprived. Nothing in this section shall be construed to impair the lien or delay the enforcement of such lien of the Commonwealth or any locality for the taxes assessed upon the property.
1990, c. 831, § 64.1-16.4; 2012, c. 614.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 3 - Rights of Married Persons › § 64.2-308. Statutory rights barred by desertion or abandonment

A. If a spouse willfully deserts or abandons the other spouse and such desertion or abandonment continues until the death of the other spouse, the party who deserted the deceased spouse shall be barred of all interest in the decedent's estate by intestate succession, elective share, exempt property, family allowance, and homestead allowance.
B. If a parent willfully deserts or abandons his minor or incapacitated child and such desertion or abandonment continues until the death of the child, the parent shall be barred of all interest in the child's estate by intestate succession.
1990, c. 831, § 64.1-16.3; 1992, c. 795; 2012, c. 614.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 3 - Rights of Married Persons › § 64.2-308.1. Applicability; definitions

A. The provisions of this article shall apply to determining the elective share of a surviving spouse for decedents dying on or after January 1, 2017.
B. As used in this article, unless the context requires a different meaning:
"Decedent's non-probate transfers to others" means the amounts that are included in the augmented estate under § 64.2-308.6.
"Fractional interest in property held in joint tenancy with the right of survivorship," whether the fractional interest is unilaterally severable or not, means the fraction, the numerator of which is one and the denominator of which, if the decedent was a joint tenant, is one plus the number of joint tenants who survive the decedent and which, if the decedent was not a joint tenant, is the number of joint tenants.
"Marriage," as it relates to a transfer by the decedent during marriage, means any marriage of the decedent to the decedent's surviving spouse.
"Non-adverse party" means a person who does not have a substantial beneficial interest in the trust or other property arrangement that would be adversely affected by the exercise or non-exercise of the power that he possesses respecting the trust or other property arrangement. A person having a general power of appointment over property is deemed to have a beneficial interest in the property.
"Power" or "power of appointment" includes a power to designate the beneficiary of a beneficiary designation.
"Presently exercisable general power of appointment" means a power of appointment under which, at the time in question, the decedent, whether or not he then had the capacity to exercise the power, held a power to create a present or future interest in himself, his creditors, his estate, or creditors of his estate, and includes a power to revoke or invade the principal of a trust or other property arrangement.
"Property" includes values subject to a beneficiary designation.
"Right to income" includes a right to payments under a commercial or private annuity, an annuity trust, a unitrust, or a similar arrangement.
"Transfer," as it relates to a transfer by or of the decedent, includes (i) an exercise or release of a presently exercisable general power of appointment held by the decedent, (ii) a lapse at death of a presently exercisable general power of appointment held by the decedent, and (iii) an exercise, release, or lapse of a general power of appointment that the decedent created in himself and of a power described in subdivision 2 b of § 64.2-308.6 that the decedent conferred on a non-adverse party.
2016, cc. 187, 269.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 3 - Rights of Married Persons › § 64.2-308.2. Dower or curtesy abolished

The interests of dower and curtesy are abolished. However, the abolition of dower and curtesy pursuant to this section shall not change or diminish the nature or right of (i) any dower or curtesy interest of a surviving spouse whose dower or curtesy vested prior to January 1, 1991, or (ii) a creditor or other interested third party in any real estate subject to a right of dower or curtesy.
The rights of all such parties, and the procedures for enforcing such rights, shall continue to be governed by the laws in force prior to January 1, 1991.
2016, cc. 187, 269.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 3 - Rights of Married Persons › § 64.2-308.3. Elective share amount; effect of election on statutory benefits; non-domiciliary

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.
2016, cc. 187, 269.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 3 - Rights of Married Persons › § 64.2-308.4. Composition of the augmented estate; marital property portion

A. Subject to § 64.2-308.9, the value of the augmented estate, to the extent provided in §§ 64.2-308.5, 64.2-308.6, 64.2-308.7, and 64.2-308.8, consists of the sum of the values of all property, whether real or personal, movable or immovable, tangible or intangible, wherever situated, that constitute:
1. The decedent's net probate estate;
2. The decedent's non-probate transfers to others;
3. The decedent's non-probate transfers to the surviving spouse; and
4. The surviving spouse's property and non-probate transfers to others.
B. The value of the marital-property portion of the augmented estate consists of the sum of the values of the four components of the augmented estate as determined under subsection A multiplied by the following percentage:
If the decedent and the spouse were married to each other: The percentage is:
Less than 1 year
3%
1 year but less than 2 years
6%
2 years but less than 3 years
12%
3 years but less than 4 years
18%
4 years but less than 5 years
24%
5 years but less than 6 years
30%
6 years but less than 7 years
36%
7 years but less than 8 years
42%
8 years but less than 9 years
48%
9 years but less than 10 years
54%
10 years but less than 11 years
60%
11 years but less than 12 years
68%
12 years but less than 13 years
76%
13 years but less than 14 years
84%
14 years but less than 15 years
92%
15 years or more
100%
2016, cc. 187, 269.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 3 - Rights of Married Persons › § 64.2-308.5. Decedent's net probate estate

The value of the augmented estate includes the value of the decedent's probate estate, reduced by funeral and administration expenses (excluding federal or state transfer taxes), homestead allowance, family allowances, exempt property, and enforceable claims.
2016, cc. 187, 269.
2023 Code of Virginia › Title 64.2 - Wills, Trusts, and Fiduciaries › Chapter 3 - Rights of Married Persons › § 64.2-308.7. Decedent's non-probate transfers to the surviving spouse

Excluding property passing to the surviving spouse under the federal social security system, the value of the augmented estate includes the value of the decedent's non-probate transfers to the decedent's surviving spouse, which consist of all property that passed outside probate at the decedent's death from the decedent to the surviving spouse by reason of the decedent's death, including:
1. The decedent's fractional interest in property held as a joint tenant with the right of survivorship, to the extent that the decedent's fractional interest passed to the surviving spouse as surviving joint tenant;
2. The decedent's ownership interest in property or accounts held in co-ownership registration with the right of survivorship, or with Payable on Death or Transfer on Death designations to the extent the decedent's ownership interest passed to the surviving spouse as surviving co-owner; and
3. All other property that would have been included in the augmented estate under subdivision 1 or 2 of § 64.2-308.6 had it passed to or for the benefit of a person other than the decedent's spouse, surviving spouse, the decedent, or the decedent's creditors, estate, or estate creditors.
2016, cc. 187, 269.