Virginia Code 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:
Terms Used In Virginia Code 64.2-308.4
- Decedent: A deceased person.
- Probate: Proving a will
- Property: includes values subject to a beneficiary designation. See Virginia Code 64.2-308.1
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:
| a | Less than 1 year | 3% |
| a | 1 year but less than 2 years | 6% |
| b | 2 years but less than 3 years | 12% |
| c | 3 years but less than 4 years | 18% |
| d | 4 years but less than 5 years | 24% |
| e | 5 years but less than 6 years | 30% |
| f | 6 years but less than 7 years | 36% |
| g | 7 years but less than 8 years | 42% |
| h | 8 years but less than 9 years | 48% |
| i | 9 years but less than 10 years | 54% |
| j | 10 years but less than 11 years | 60% |
| k | 11 years but less than 12 years | 68% |
| l | 12 years but less than 13 years | 76% |
| m | 13 years but less than 14 years | 84% |
| n | 14 years but less than 15 years | 92% |
| o | 15 years or more | 100% |