Augmented estate; elective share of surviving spouse. (HB231)

Introduced By

Del. Jay Leftwich (R-Chesapeake)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Augmented estate; elective share of surviving spouse. Revises provisions of the Code related to the elective share of the surviving spouse of a decedent dying on or after July 1, 2017 to track revisions made to the Uniform Probate Code by the Uniform Law Commission. The bill calculates the elective share of the surviving spouse as a graduated percentage, taking into account both spouses' assets and the length of marriage. Under current law, the surviving spouse is awarded 50% of the estate if there were no children and 33.3% if there were children. The bill also clarifies the process by which the elective share is to be claimed and provides instructions for the valuation of assets to encourage uniformity in the method of calculation of the elective share. Read the Bill »


Bill Has Passed


12/29/2015Prefiled and ordered printed; offered 01/13/16 16100843D
12/29/2015Referred to Committee for Courts of Justice
01/14/2016Assigned to sub: Subcommittee Civil Law
01/14/2016Assigned App. sub: Subcommittee Civil Law
01/14/2016Assigned Courts sub:
01/25/2016Subcommittee recommends reporting with amendment(s) (10-Y 0-N)
01/27/2016Reported from Courts of Justice with substitute (22-Y 0-N) (see vote tally)
01/27/2016Committee substitute printed 16104739D-H1
01/29/2016Read first time
02/01/2016Read second time
02/01/2016Committee substitute agreed to 16104739D-H1
02/01/2016Engrossed by House - committee substitute HB231H1
02/02/2016Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/02/2016VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
02/03/2016Constitutional reading dispensed
02/03/2016Referred to Committee for Courts of Justice
02/17/2016Reported from Courts of Justice (13-Y 0-N) (see vote tally)
02/19/2016Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/22/2016Read third time
02/22/2016Passed Senate (40-Y 0-N) (see vote tally)
02/24/2016Bill text as passed House and Senate (HB231ER)
02/24/2016Signed by Speaker
02/25/2016Signed by President
02/25/2016Enrolled Bill communicated to Governor on 2/25/16
02/25/2016G Governor's Action Deadline Midnight, March 3, 2016
03/01/2016G Approved by Governor-Chapter 187 (effective 7/1/16)
03/01/2016G Acts of Assembly Chapter text (CHAP0187)

Duplicate Bills

The following bills are identical to this one: SB181.