Current as of January 01, 2020 | Updated by FindLaw Staff
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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% |
Cite this article: FindLaw.com - Virginia Code Title 64.2. Wills, Trusts, and Fiduciaries § 64.2-308.4. Composition of the augmented estate; marital property portion - last updated January 01, 2020 | https://codes.findlaw.com/va/title-64-2-wills-trusts-and-fiduciaries/va-code-sect-64-2-308-4/
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