{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-312.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-312.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-312.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-312.html"}],"law_id":57777,"edition_id":1,"section_id":57777,"structure_id":15170,"section_number":"64.2-312","catch_line":"Source, determination, and documentation of family allowance, exempt property, and homestead allowance; petition for relief","history":"1981, c. 580, \u00a7 64.1-151.4; 1996, c. 549; 2001, c. 368; 2012, c. 614.","full_text":"A\n\nProperty specifically bequeathed or devised shall not be used to satisfy the right to exempt property and the homestead allowance if there are sufficient assets in the estate otherwise to satisfy such rights. Subject to this restriction, the surviving spouse or the guardian of the minor children may select property of the estate as exempt property and the homestead allowance. The personal representative may make these selections if the surviving spouse or the guardian of the minor children is unable or fails to do so within a reasonable time, or if there is no guardian of the minor children. The personal representative may execute a deed of distribution to establish the ownership of property taken as the homestead allowance or exempt property, which deed, if executed, shall (i) describe the property with reasonable certainty and (ii) state the value of each asset included therein. The personal representative may determine the family allowance in a lump sum or periodic installments in accordance with § 64.2-309. The personal representative may disburse funds of the estate in payment of the family allowance and in payment of any part of the exempt property or the homestead allowance that is payable in cash.B\n\nThe personal representative or any interested person aggrieved by any selection, determination, payment, proposed payment, or failure to act under this section may petition the circuit court for appropriate relief, including the award of a family allowance that is larger or smaller than what the personal representative determined or could have determined. Such petition may be ex parte; provided, however, that the court in its discretion may require such notice to and the convening of interested parties as it may deem proper in each case.","order_by":null,"text":{"0":{"id":211600,"text":"Property specifically bequeathed or devised shall not be used to satisfy the right to exempt property and the homestead allowance if there are sufficient assets in the estate otherwise to satisfy such rights. Subject to this restriction, the surviving spouse or the guardian of the minor children may select property of the estate as exempt property and the homestead allowance. The personal representative may make these selections if the surviving spouse or the guardian of the minor children is unable or fails to do so within a reasonable time, or if there is no guardian of the minor children. The personal representative may execute a deed of distribution to establish the ownership of property taken as the homestead allowance or exempt property, which deed, if executed, shall (i) describe the property with reasonable certainty and (ii) state the value of each asset included therein. The personal representative may determine the family allowance in a lump sum or periodic installments in accordance with § 64.2-309. The personal representative may disburse funds of the estate in payment of the family allowance and in payment of any part of the exempt property or the homestead allowance that is payable in cash.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":211601,"text":"The personal representative or any interested person aggrieved by any selection, determination, payment, proposed payment, or failure to act under this section may petition the circuit court for appropriate relief, including the award of a family allowance that is larger or smaller than what the personal representative determined or could have determined. Such petition may be ex parte; provided, however, that the court in its discretion may require such notice to and the convening of interested parties as it may deem proper in each case.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":15170,"edition_id":1,"name":"Exempt Property and Allowances","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":12864,"metadata":{},"date_created":"2026-06-26 03:52:41","date_modified":"2026-06-26 03:52:41","permalink":{"id":273053,"object_type":"structure","relational_id":15170,"identifier":"2","token":"64.2\/II\/3\/2","url":"\/64.2\/II\/3\/2\/","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":87056,"structure_id":15170,"section_number":"64.2-309","catch_line":"Family allowance","url":"\/64.2-309\/","token":"64.2\/II\/3\/2\/64.2-309","metadata":false},{"id":61915,"structure_id":15170,"section_number":"64.2-310","catch_line":"Exempt property","url":"\/64.2-310\/","token":"64.2\/II\/3\/2\/64.2-310","metadata":false},{"id":58287,"structure_id":15170,"section_number":"64.2-311","catch_line":"Homestead allowance","url":"\/64.2-311\/","token":"64.2\/II\/3\/2\/64.2-311","metadata":false},{"id":57777,"structure_id":15170,"section_number":"64.2-312","catch_line":"Source, determination, and documentation of family allowance, exempt property, and homestead allowance; petition for relief","url":"\/64.2-312\/","token":"64.2\/II\/3\/2\/64.2-312","metadata":false},{"id":62592,"structure_id":15170,"section_number":"64.2-313","catch_line":"When and how exempt property and allowances may be claimed","url":"\/64.2-313\/","token":"64.2\/II\/3\/2\/64.2-313","metadata":false},{"id":75016,"structure_id":15170,"section_number":"64.2-314","catch_line":"Waiver","url":"\/64.2-314\/","token":"64.2\/II\/3\/2\/64.2-314","metadata":false}],"previous_section":{"id":58287,"structure_id":15170,"section_number":"64.2-311","catch_line":"Homestead allowance","url":"\/64.2-311\/","token":"64.2\/II\/3\/2\/64.2-311","metadata":false},"next_section":{"id":62592,"structure_id":15170,"section_number":"64.2-313","catch_line":"When and how exempt property and allowances may be claimed","url":"\/64.2-313\/","token":"64.2\/II\/3\/2\/64.2-313","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-312\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 580 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1981 \u201cActs\u201d aren\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 1996, chapter 549<\/a>; in 2001, chapter 368<\/a>; in 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":[{"id":87056,"section_number":"64.2-309","catch_line":"Family allowance","order_by":null,"url":"\/64.2-309\/"}],"permalink":{"id":273067,"object_type":"law","relational_id":57777,"identifier":"64.2-312","token":"64.2\/II\/3\/2\/64.2-312","url":"\/64.2-312\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-312\/","token":"64.2\/II\/3\/2\/64.2-312","dublin_core":{"Title":"Source, determination, and documentation of family allowance, exempt property, and homestead allowance; petition for relief","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-312","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Property specifically bequeathed or devised shall not be used to satisfy the right to exempt property and the homestead allowance if there are sufficient assets<\/span> in the estate otherwise to satisfy such rights. Subject to this restriction, the surviving spouse or the guardian of the minor<\/span> children may select property of the estate<\/span> as exempt property and the homestead allowance. The personal representative<\/span> may make these selections if the surviving spouse or the guardian of the minor<\/span> children is unable or fails to do so within a reasonable time, or if there is no guardian of the minor<\/span> children. The personal representative<\/span> may execute a deed of distribution to establish the ownership of property taken as the homestead allowance or exempt property, which deed, if executed, shall (i) describe the property with reasonable certainty and (ii) state the value<\/span> of each asset included therein. The personal representative<\/span> may determine the family allowance in a lump sum or periodic installments in accordance with § 64.2-309<\/a>. The personal representative<\/span> may disburse funds of the estate in payment of the family allowance and in payment of any part of the exempt property or the homestead allowance that is payable in cash. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The personal representative<\/span> or any interested person aggrieved by any selection, determination, payment, proposed payment, or failure to act under this section may petition<\/span> the circuit<\/span> court<\/span> for appropriate relief, including the award of a family allowance that is larger or smaller than what the personal representative<\/span> determined or could have determined. Such petition<\/span> may be ex parte<\/span>; provided, however, that the court<\/span> in its discretion may require such notice to and the convening of interested parties as it may deem proper in each case. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSOURCE, DETERMINATION, AND DOCUMENTATION OF FAMILY ALLOWANCE, EXEMPT PROPERTY,\nAND HOMESTEAD ALLOWANCE; PETITION FOR RELIEF (\u00a7 64.2-312)\n\nA. Property specifically bequeathed or devised shall not be used to satisfy the\nright to exempt property and the homestead allowance if there are sufficient\nassets in the estate otherwise to satisfy such rights. Subject to this\nrestriction, the surviving spouse or the guardian of the minor children may\nselect property of the estate as exempt property and the homestead allowance.\nThe personal representative may make these selections if the surviving spouse or\nthe guardian of the minor children is unable or fails to do so within a\nreasonable time, or if there is no guardian of the minor children. The personal\nrepresentative may execute a deed of distribution to establish the ownership of\nproperty taken as the homestead allowance or exempt property, which deed, if\nexecuted, shall (i) describe the property with reasonable certainty and (ii)\nstate the value of each asset included therein. The personal representative may\ndetermine the family allowance in a lump sum or periodic installments in\naccordance with § 64.2-309. The personal representative may disburse funds\nof the estate in payment of the family allowance and in payment of any part of\nthe exempt property or the homestead allowance that is payable in cash.\n\nB. The personal representative or any interested person aggrieved by any\nselection, determination, payment, proposed payment, or failure to act under\nthis section may petition the circuit court for appropriate relief, including\nthe award of a family allowance that is larger or smaller than what the personal\nrepresentative determined or could have determined. Such petition may be ex\nparte; provided, however, that the court in its discretion may require such\nnotice to and the convening of interested parties as it may deem proper in each\ncase.\n\nHISTORY: 1981, c. 580, \u00a7 64.1-151.4; 1996, c. 549; 2001, c. 368; 2012, c. 614.","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}}