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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
04/08/2026
Dead
Signed/Enacted/Adopted
04/08/2026

Introduced Session

2026 Regular Regular Session

Bill Summary

Wills and estates; claims to exempt property and allowances; title to real estate of a bona fide purchaser. 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. The bill also provides that the title to real estate of a bona fide purchaser acquired without notice of such election shall not be affected by such election unless such election is recorded in the appropriate circuit court clerk's office within one year after the decedent's death.

AI Summary

This bill modifies the timeframe for claiming certain rights after a person's death, specifically the family allowance, exempt property, or homestead allowance, which are provisions designed to protect surviving family members by setting aside specific assets or providing financial support. Previously, these claims had to be made within one year of the decedent's death, but this bill extends that deadline to one year after the later of when the decedent's will is officially accepted by the court (probate) or when an administrator is appointed for an estate without a will (intestate estate). Additionally, the bill clarifies that a good-faith buyer of real estate who purchases property without knowing about these claims will not have their ownership affected by such a claim unless that claim is officially recorded in the relevant court clerk's office within one year of the decedent's death.

Committee Categories

Justice

Sponsors (1)

Last Action

Acts of Assembly Chapter text (CHAP0381) (on 04/08/2026)

Bill Topics

Law, Crime, and Family Issues
  • ‐ Civil Law and Procedure
  • ‐ Property Rights

bill text


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