                                 CODE OF VIRGINIA

WHEN AND HOW ELECTIVE SHARE MAY BE CLAIMED BY SURVIVING SPOUSE (§ 64.2-302)

A. A surviving spouse may claim an elective share regardless of whether (i) any
provision for the surviving spouse is made in the decedent&#8217;s will or (ii)
the decedent dies intestate.

B. The surviving spouse of a decedent who dies domiciled in the Commonwealth may
claim an elective share in the decedent&#8217;s augmented estate within six
months from the later of (i) the time of the admission of the decedent&#8217;s
will to probate or (ii) the qualification of an administrator on the
decedent&#8217;s intestate estate. The claim to an elective share shall be made
either in person before the court having jurisdiction over administration of the
decedent&#8217;s estate, or by a writing recorded in the court or the
clerk&#8217;s office thereof, upon such acknowledgment or proof as would
authorize a writing to be admitted to record under Chapter 6 (&#xA7; 55.1-600 et
seq.) of Title 55.1.

C. The right, if any, of the surviving spouse of a decedent who dies domiciled
outside of the Commonwealth to take an elective share based upon the value of
property in the Commonwealth is governed by the law of the decedent&#8217;s
domicile at death.

HISTORY: Code 1950, § 64-13; 1968, c. 656, § 64.1-13; 1990, c. 831; 1995, c.
211; 2012, c. 614.