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VA HB306

VA HB306
Wills and estates; claims to exempt property and allowances.


summary

Introduced
01/09/2026
In Committee
03/05/2026
Crossed Over
02/02/2026
Passed
Dead

Introduced Session

2026 Regular Regular Session

Bill Summary

Wills and estates; claims to exempt property and allowances. Directs that any election to take a family allowance, exempt property, or homestead allowance be made one year after the (i) time of admission of a decedent's will to probate or (ii) qualification of an administrator of the decedent's intestate estate, whichever is later. Current law requires such election of exempt property or allowances to be made within one year of the decedent's death.

AI Summary

This bill amends Virginia law concerning wills and estates to change the deadline for claiming certain rights after a person's death. Specifically, it alters the timeframe for making an election to take a family allowance, exempt property, or homestead allowance, which are provisions designed to protect surviving family members by setting aside certain assets or providing financial support. Previously, these claims had to be made within one year of the decedent's death. The bill now extends this deadline to be no later than one year after the later of two events: either when the decedent's will is officially accepted by the court for probate (meaning it's recognized as valid) or when an administrator is appointed to manage the estate of someone who died without a will (an intestate estate). This change provides surviving family members with a longer period to make these important decisions regarding estate assets.

Committee Categories

Justice

Sponsors (1)

Last Action

Reported from Courts of Justice (14-Y 0-N) (on 03/05/2026)

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