64.1-13 - When and how elective share may be claimed. - Virginia Statutes

§ 64.1-13. When and how elective share may be claimed.

A. Whether or not (i) any provision for a husband or wife is made in thespouse's will, or (ii) the spouse dies intestate, the surviving husband orwife of a decedent who dies domiciled in this Commonwealth may, within sixmonths from the later of (i) the time of the admission of the will to probateor (ii) the qualification of an administrator on the intestate estate, claiman elective share in the spouse's augmented estate. The claim to an electiveshare shall be made either in person before the court having jurisdictionover administration of the decedent's estate or by writing recorded in suchcourt, or the clerk's office thereof, upon such acknowledgment or proof aswould authorize a writing to be admitted to record under Chapter 6 (§ 55-106et seq.) of Title 55.

B. The right, if any, of the surviving husband or wife of a decedent who diesdomiciled outside this Commonwealth to take an elective share amount basedupon the value of property in this Commonwealth is governed by the law of thedecedent's domicile at death.

(Code 1950, § 64-13; 1968, c. 656; 1990, c. 831; 1995, c. 211.)