Virginia § 64.2-313 - When and how exempt property and allowances may be claimed

Full text of Virginia Code of Virginia § 64.2-313 — When and how exempt property and allowances may be claimed, with citation guidance and answers to common questions.

§ 64.2-313. When and how exempt property and allowances may be claimed

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 (§ 55.1-600 et seq.) of Title 55.1.

1981, c. 580, § 64.1-151.5; 2012, c. 614.

Source: official Virginia text · Last verified 2026-08-27

Frequently Asked Questions About Virginia § 64.2-313

What does Code of Virginia § 64.2-313 cover?

Section 64.2-313 ("When and how exempt property and allowances may be claimed") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Virginia § 64.2-313?

A common citation format is "Code of Virginia § 64.2-313" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Virginia law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.

How does Virginia § 64.2-313 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.