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.
Va. Code Ann. § 64.2-313
When and how exempt property and allowances may be claimed
Applied in 1 court decision — leading case Olorunfunmi v. Olorunfunmi (2015)
Most recently applied in Olorunfunmi v. Olorunfunmi (December 2015)
1981, c. 580, § 64.1-151.5; 2012, c. 614.
Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.