Any election to take a family allowance, exempt property, or homestead allowance shall be made no later than one year after the later of the (i) time of admission of the decedent's will to probate or (ii) qualification of an administrator of the decedent's intestate estate. 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.

The title to real estate of a bona fide purchaser, as defined in § 64.2-100, acquired without notice of such election, shall not be affected by such election unless the election is recorded in the clerk's office of the circuit court in which the real estate lies within one year after the decedent's death.

1981, c. 580, § 64.1-151.5; 2012, c. 614; 2026, c. 381.