                                 CODE OF VIRGINIA

PROCEEDING FOR ELECTIVE SHARE; TIME LIMIT (§ 64.2-308.12)

A. The election by the surviving spouse of a decedent who dies domiciled in the
Commonwealth must be made no later than six months after 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, 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. The clerk shall record
such election in the will book of the court. A copy of such election shall be
provided to the personal representative, if any, by regular U.S. mail or hand
delivery within 30 days of filing.

B. The surviving spouse must file the complaint to determine the elective share
no later than six months after the filing of the election as set forth in
subsection A. No later than 30 days after the filing of the complaint, the
surviving spouse must provide a copy of the complaint to all known persons
interested in the estate and to the distributees and recipients of portions of
the augmented estate whose interests will be adversely affected by the taking of
the elective share. The decedent&#8217;s non-probate transfers to others are not
included within the augmented estate for the purpose of computing the elective
share if the complaint is filed more than 12 months after the decedent&#8217;s
death.

C. Notwithstanding the provisions of &#xA7; 8.01-380, the election for an
elective share may be withdrawn by the surviving spouse at any time before entry
of a final determination by the court and such election shall be extinguished.

D. After notice and hearing, the court shall determine the elective share
amount, and shall order its payment from the assets of the augmented estate or
by contribution as appears appropriate under &#xA7;&#xA7; 64.2-308.10 and
64.2-308.11. If it appears that a fund or property included in the augmented
estate has not come into the possession of the personal representative, or has
been distributed by the personal representative, the court nevertheless shall
fix the liability of any person who has any interest in the fund or property or
who has possession thereof, whether as trustee or otherwise. The proceeding may
be maintained against fewer than all persons against whom relief could be
sought, but no person is subject to contribution in any greater amount than such
person would have been under &#xA7;&#xA7; 64.2-308.10 and 64.2-308.11 had relief
been secured against all persons subject to contribution.

E. An order or judgment of the court may be enforced as necessary in suit for
contribution or payment in other courts of this state or other jurisdictions.

HISTORY: 2016, cc. 187, 269.