{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-303.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-303.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-303.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-303.html"}],"law_id":67214,"edition_id":1,"section_id":67214,"structure_id":13685,"section_number":"64.2-303","catch_line":"Extension of time until after determination of action for construction of will or extent of augmented estate","history":"Code 1950, \u00a7 64-14; 1968, c. 656, \u00a7 64.1-14; 1990, c. 831; 2012, c. 614.","full_text":"If (i) a will is of doubtful import as to the amount or value of the property the surviving spouse of the decedent is to receive thereunder or (ii) the composition or value of the augmented estate is uncertain, and an action to resolve such issues is pending, the court in which the action is pending shall, upon the application of the surviving spouse made within the six-month period set forth in \u00a7 64.2-302, enter an order extending the time within which the surviving spouse may make a claim for an elective share. Such additional period within which to make a claim for an elective share shall not exceed 90 days after a final order has been entered in such suit, either by a trial court or any appellate court to which it is appealed.","order_by":null,"text":{"0":{"id":243650,"text":"If (i) a will is of doubtful import as to the amount or value of the property the surviving spouse of the decedent is to receive thereunder or (ii) the composition or value of the augmented estate is uncertain, and an action to resolve such issues is pending, the court in which the action is pending shall, upon the application of the surviving spouse made within the six-month period set forth in \u00a7 64.2-302, enter an order extending the time within which the surviving spouse may make a claim for an elective share. Such additional period within which to make a claim for an elective share shall not exceed 90 days after a final order has been entered in such suit, either by a trial court or any appellate court to which it is appealed.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13685,"edition_id":1,"name":"Elective Share of Surviving Spouse","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12864,"metadata":{},"date_created":"2026-06-26 03:45:33","date_modified":"2026-06-26 03:45:33","permalink":{"id":272945,"object_type":"structure","relational_id":13685,"identifier":"1","token":"64.2\/II\/3\/1","url":"\/64.2\/II\/3\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12864,"edition_id":1,"name":"Rights of Married Persons","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12863,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":272943,"object_type":"structure","relational_id":12864,"identifier":"3","token":"64.2\/II\/3","url":"\/64.2\/II\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12863,"edition_id":1,"name":"Wills and Decedents' Estates","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":272911,"object_type":"structure","relational_id":12863,"identifier":"II","token":"64.2\/II","url":"\/64.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":82689,"structure_id":13685,"section_number":"64.2-300","catch_line":"Applicability; definitions","url":"\/64.2-300\/","token":"64.2\/II\/3\/1\/64.2-300","metadata":false},{"id":65456,"structure_id":13685,"section_number":"64.2-301","catch_line":"Dower or curtesy abolished","url":"\/64.2-301\/","token":"64.2\/II\/3\/1\/64.2-301","metadata":false},{"id":75301,"structure_id":13685,"section_number":"64.2-302","catch_line":"When and how elective share may be claimed by surviving spouse","url":"\/64.2-302\/","token":"64.2\/II\/3\/1\/64.2-302","metadata":false},{"id":67214,"structure_id":13685,"section_number":"64.2-303","catch_line":"Extension of time until after determination of action for construction of will or extent of augmented estate","url":"\/64.2-303\/","token":"64.2\/II\/3\/1\/64.2-303","metadata":false},{"id":75855,"structure_id":13685,"section_number":"64.2-304","catch_line":"Rights upon claiming an elective share","url":"\/64.2-304\/","token":"64.2\/II\/3\/1\/64.2-304","metadata":false},{"id":60057,"structure_id":13685,"section_number":"64.2-305","catch_line":"Augmented estate; exclusions; valuation","url":"\/64.2-305\/","token":"64.2\/II\/3\/1\/64.2-305","metadata":false},{"id":62978,"structure_id":13685,"section_number":"64.2-306","catch_line":"Charging spouse with the value of property received; liability of others for balance of elective share","url":"\/64.2-306\/","token":"64.2\/II\/3\/1\/64.2-306","metadata":false},{"id":54664,"structure_id":13685,"section_number":"64.2-307","catch_line":"Rights in family residence","url":"\/64.2-307\/","token":"64.2\/II\/3\/1\/64.2-307","metadata":false},{"id":75762,"structure_id":13685,"section_number":"64.2-308","catch_line":"Statutory rights barred by desertion or abandonment","url":"\/64.2-308\/","token":"64.2\/II\/3\/1\/64.2-308","metadata":false}],"previous_section":{"id":75301,"structure_id":13685,"section_number":"64.2-302","catch_line":"When and how elective share may be claimed by surviving spouse","url":"\/64.2-302\/","token":"64.2\/II\/3\/1\/64.2-302","metadata":false},"next_section":{"id":75855,"structure_id":13685,"section_number":"64.2-304","catch_line":"Rights upon claiming an elective share","url":"\/64.2-304\/","token":"64.2\/II\/3\/1\/64.2-304","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-303\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1968, chapter 656; in 1990, chapter 831; in 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":[{"id":75301,"section_number":"64.2-302","catch_line":"When and how elective share may be claimed by surviving spouse","order_by":null,"url":"\/64.2-302\/"}],"permalink":{"id":272959,"object_type":"law","relational_id":67214,"identifier":"64.2-303","token":"64.2\/II\/3\/1\/64.2-303","url":"\/64.2-303\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-303\/","token":"64.2\/II\/3\/1\/64.2-303","dublin_core":{"Title":"Extension of time until after determination of action for construction of will or extent of augmented estate","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-303","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If (i) a will<\/span> is of doubtful import as to the amount or value<\/span> of the property the surviving spouse of the decedent is to receive thereunder or (ii) the composition or value<\/span> of the augmented estate is uncertain, and an action to resolve such issues<\/span> is pending, the court<\/span> in which the action is pending shall, upon the application of the surviving spouse made within the six-month period set forth in \u00a7 64.2-302<\/a>, enter an order extending the time within which the surviving spouse may make a claim for an elective share. Such additional period within which to make a claim for an elective share shall not exceed 90 days after a final order<\/span> has been entered in such suit, either by a trial<\/span> court<\/span> or any appellate<\/span> court<\/span> to which it is appealed.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXTENSION OF TIME UNTIL AFTER DETERMINATION OF ACTION FOR CONSTRUCTION OF WILL\nOR EXTENT OF AUGMENTED ESTATE (\u00a7 64.2-303)\n\nIf (i) a will is of doubtful import as to the amount or value of the property\nthe surviving spouse of the decedent is to receive thereunder or (ii) the\ncomposition or value of the augmented estate is uncertain, and an action to\nresolve such issues is pending, the court in which the action is pending shall,\nupon the application of the surviving spouse made within the six-month period\nset forth in \u00a7 64.2-302, enter an order extending the time within which the\nsurviving spouse may make a claim for an elective share. Such additional period\nwithin which to make a claim for an elective share shall not exceed 90 days\nafter a final order has been entered in such suit, either by a trial court or\nany appellate court to which it is appealed.\n\nHISTORY: Code 1950, \u00a7 64-14; 1968, c. 656, \u00a7 64.1-14; 1990, c. 831; 2012, c.\n614.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}