VA estate risk
Complexity triggers in Virginia
Scenarios that increase estate risk, such as blended families or multi-state property.
Virginia provides a spousal elective share and a family allowance that can override will distributions.
At a glance
Key takeaways
- A surviving spouse may claim an elective share of the augmented estate in lieu of the will’s provisions.
- A family allowance is available to the spouse and minor children during administration.
Questions to consider
Questions to consider in Virginia
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
Virginia provides a spousal elective share and a family allowance that can override will distributions.
- A surviving spouse may claim an elective share of the augmented estate in lieu of the will’s provisions.
- A family allowance is available to the spouse and minor children during administration.
Sources
- https://law.lis.virginia.gov/vacode/title64.2/chapter3/section64.2-302/
- https://law.lis.virginia.gov/vacode/title64.2/chapter4/section64.2-309/
Background sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in Virginia.
Optional next steps
Continue with related estate-risk context
Educational resources only. No forms and no legal advice.
Understand death-risk context for Virginia
LifeRiskIQ gives broader mortality context that can help frame when estate planning becomes more urgent.
Understand retirement-risk context for Virginia
RetirementRiskIQ explains how asset growth and longevity can increase estate complexity over time.
Review federal estate tax basics
IRS guidance on federal estate tax thresholds, filings, and definitions.