{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-313.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-313.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-313.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-313.html"}],"law_id":62592,"edition_id":1,"section_id":62592,"structure_id":15170,"section_number":"64.2-313","catch_line":"When and how exempt property and allowances may be claimed","history":"1981, c. 580, \u00a7 64.1-151.5; 2012, c. 614.","full_text":"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 (\u00a7 55.1-600 et seq.) of Title 55.1.","order_by":null,"text":{"0":{"id":228238,"text":"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 (\u00a7 55.1-600 et seq.) of Title 55.1.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-313\/","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 1 time. 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. That modification is as follows: in 2012, chapter 614<\/a>.<\/p>","references":[{"id":78923,"section_number":"64.2-2022","catch_line":"Management powers and duties of conservator","order_by":null,"url":"\/64.2-2022\/"},{"id":75441,"section_number":"64.2-556","catch_line":"Order to creditors to show cause against distribution of estate to legatees or distributees; liability of legatees or distributees to refund","order_by":null,"url":"\/64.2-556\/"}],"refers_to":[{"id":61518,"section_number":"55.1-600","catch_line":"When and where writings recorded","order_by":null,"url":"\/55.1-600\/"}],"permalink":{"id":273071,"object_type":"law","relational_id":62592,"identifier":"64.2-313","token":"64.2\/II\/3\/2\/64.2-313","url":"\/64.2-313\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-313\/","token":"64.2\/II\/3\/2\/64.2-313","dublin_core":{"Title":"When and how exempt property and allowances may be claimed","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-313","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

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<\/span> having jurisdiction<\/span> over probate or administration of the decedent’s estate, or by a writing recorded in the court<\/span>, or the clerk’s office thereof, upon such acknowledgment or proof as would authorize a writing to be admitted to record under Chapter 6 (\u00a7 55.1-600<\/a> et seq.) of Title 55.1.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN AND HOW EXEMPT PROPERTY AND ALLOWANCES MAY BE CLAIMED (\u00a7 64.2-313)\n\nAny election to take a family allowance, exempt property, or a homestead\nallowance shall be made within one year from the decedent’s death. The\nelection shall be made either in person before the court having jurisdiction\nover probate or administration of the decedent’s estate, or by a writing\nrecorded in the court, or the clerk’s office thereof, upon such\nacknowledgment or proof as would authorize a writing to be admitted to record\nunder Chapter 6 (\u00a7 55.1-600 et seq.) of Title 55.1.\n\nHISTORY: 1981, c. 580, \u00a7 64.1-151.5; 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}}