Composition of the augmented estate; marital property portion
Va. Code Ann. § 64.2-308.4
in effectA. 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:
2016, cc. 187 , 269 .
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://law.lis.virginia.gov/vacode/64.2-308.4/Fetched: 10/17/2026