Full question:
My husband went on a road trip with his friend. Unfortunately, my husband’s car collided with a truck and he died in that accident. His father said he made a will and I am unsure whether he mentioned anything about my share of property in that will. What is the Virginia law on wife’s right to claim share in husband’s estate?
- Category: Wills and Estates
- Subcategory: Elective Share of Estate
- Date:
- State: Virginia
Answer:
In Virginia, a surviving spouse has the right to claim an elective share of the deceased spouse's estate, regardless of whether the will provides for them or if there is no will at all. This claim must be made within six months from the later of either the will's admission to probate or the qualification of an administrator for an intestate estate.
According to Virginia law (Va. Code Ann. § 64.2-302), the surviving spouse can claim this share in the decedent's augmented estate. The claim can be made in person or through a written document filed with the court.
If the claim is made, the surviving spouse is entitled to one-third of the augmented estate if the deceased had surviving children, or one-half if there were no surviving children (Va. Code Ann. § 64.2-304). Additionally, the surviving spouse is entitled to interest on this share from the date of the decedent's death until it is satisfied.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.