Elective Share in Virginia
State-specific overview · Estate & Probate
Virginia allows a surviving spouse to elect one-third of the estate if the deceased left children, or one-half if no children.
How Virginia treats Elective Share
Virginia follows a traditional elective share model where the spouse's entitlement depends on whether the deceased had surviving children. If children exist, the spouse receives one-third of the net estate; without children, the spouse receives one-half. The election must typically be made within a specified timeframe after the will is admitted to probate. Virginia Code § 64.2-305 governs this right.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Virginia.