VirginiaHB3062026 Regular SessionHouse

Wills and estates; claims to exempt property and allowances.

Sponsored By: Karen R. "Kacey" Carnegie (Democratic)

Signed by Governor

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.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

Estate claim deadlines and property buyer protections

Virginia law sets a one-year deadline to claim a family allowance, exempt property, or homestead allowance from an estate. The clock starts after the later of the will entering probate or an administrator qualifying for an estate without a will. Claimants must appear before the court handling the estate or record a written claim with that court or its clerk. Written claims must meet Virginia's acknowledgment or proof requirements for recording documents. A good-faith real estate buyer without notice of the claim has separate protection. The claim cannot affect that buyer's title unless recorded within one year after death with the circuit court clerk where the property lies.

Sponsors & Cosponsors

Sponsor

  • Karen R. "Kacey" Carnegie

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 221 • No: 0

Senate vote • 3/10/2026

Passed Senate Block Vote

Yes: 40 • No: 0

Senate vote • 3/9/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 3/9/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote • 3/5/2026

Reported from Courts of Justice

Yes: 14 • No: 0

House vote • 2/3/2026

Read third time and passed House Block Vote

Yes: 98 • No: 0

House vote • 1/28/2026

Reported from Courts of Justice with substitute

Yes: 19 • No: 0

House vote • 1/26/2026

Subcommittee recommends reporting with substitute

Yes: 10 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0381)

    4/8/2026Governor
  2. Approved by Governor-Chapter 381 (effective 7/1/2026)

    4/8/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  4. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  5. Signed by Speaker

    3/31/2026House
  6. Bill text as passed House and Senate (HB306ER)

    3/30/2026House
  7. Enrolled

    3/30/2026House
  8. Signed by President

    3/30/2026Senate
  9. Passed Senate Block Vote (40-Y 0-N 0-A)

    3/10/2026Senate
  10. Read third time

    3/10/2026Senate
  11. Passed by for the day Block Vote (Voice Vote)

    3/9/2026Senate
  12. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/9/2026Senate
  13. Rules suspended

    3/9/2026Senate
  14. Reported from Courts of Justice (14-Y 0-N)

    3/5/2026Senate
  15. Referred to Committee for Courts of Justice

    2/4/2026Senate
  16. Constitutional reading dispensed (on 1st reading)

    2/4/2026Senate
  17. Read third time and passed House Block Vote (98-Y 0-N 0-A)

    2/3/2026House
  18. Engrossed by House - committee substitute

    2/2/2026House
  19. committee substitute agreed to

    2/2/2026House
  20. Read second time

    2/2/2026House
  21. Read first time

    1/30/2026House
  22. Committee substitute printed 26106133D-H1

    1/28/2026House
  23. Reported from Courts of Justice with substitute (19-Y 0-N)

    1/28/2026House
  24. House subcommittee offered

    1/26/2026House
  25. Subcommittee recommends reporting with substitute (10-Y 0-N)

    1/26/2026House

Bill Text

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