SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
LD8582152Be it enacted by the General Assembly of Virginia:
1. That § 64.1-13 of the Code of Virginia is amended and reenacted as follows:
§ 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 the spouse's will, or (ii) the spouse dies intestate, the
survivor surviving husband or wife of a decedent who dies
domiciled in this Commonwealth may, within six months from the later of
(i) the time of the admission of the will to probate or (ii) the
qualification of an administrator on the intestate estate, claim an elective
share in the spouse's augmented estate. The claim to an elective share shall
be made either in person before the court having jurisdiction over
administration of the decedent's estate or by writing recorded in such 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 (§ 55-106 et
seq.) of Title 55.
B. The right, if any, of the surviving husband of wife of a decedent who dies domiciled outside this Commonwealth to take an elective share in property in this Commonwealth is governed by the law of the decedent's domicile at death.