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 of Title 55.1.

Terms Used In Virginia Code 64.2-313

  • Decedent: A deceased person.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
  • Probate: Proving a will

1981, c. 580, § 64.1-151.5; 2012, c. 614.

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