Section 64.2-308.4 - Composition of the augmented estate; marital property portionA. 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; and4. 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% |
Added by Acts 2016 c. 269, § 1, eff. 7/1/2016.Added by Acts 2016 c. 187, § 1, eff. 7/1/2016.