Virginia § 64.2-313 When and how exempt property and allowances may be claimed

Virginia Statutes

§ 64.2-313 — When and how exempt property and allowances may be claimed

Virginia § 64.2-313

JurisdictionVirginia

Title 64.2Wills, Trusts, and Fiduciaries

Subtitle IIWills and Decedents' Estates

Ch. 3Rights of Married Persons

Art. 2Exempt Property and Allowances

This text of Virginia § 64.2-313 (When and how exempt property and allowances may be claimed) is published on Counsel Stack Legal Research, covering Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Va. Code Ann. § 64.2-313 (2026).

Text

Any election to take a family allowance, exempt property, or a homestead allowance shall be made within one year from the decedent's death. The election shall be made either in person before the court having jurisdiction over probate or administration of the decedent's estate, or by a writing recorded in the court, or the clerk's office thereof, upon such acknowledgment or proof as would authorize a writing to be admitted to record under Chapter 6 (§ 55.1-600 et seq.) of Title 55.1.

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Any election to take a family allowance, exempt property, or a homestead allowance shall be made within one year from the decedent's death. The election shall be made either in person before the court having jurisdiction over probate or administration of the decedent's estate, or by a writing recorded in the court, or the clerk's office thereof, upon such acknowledgment or proof as would authorize a writing to be admitted to record under Chapter 6 (§ 55.1-600 et seq.) of Title 55.1.