64.1-16 - Rights upon claiming an elective share. - Virginia Statutes

§ 64.1-16. Rights upon claiming an elective share.

If claim for an elective share is made, the surviving spouse shall, if thedecedent left surviving children or their descendants, have one-third of thedecedent's augmented estate; or if no children or their descendants survive,the surviving spouse shall have one-half of such augmented estate. Thesurviving spouse shall be entitled to interest at the legal rate specified in§ 6.1-330.53 from the date of the decedent's death to the date ofsatisfaction of the elective share.

(Code 1950, § 64-16; 1968, c. 656; 1978, c. 647; 1986, c. 526; 1990, c. 831.)