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Kaufman & Canoles, PC - Attorneys
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In addition to the family allowance and exempt property, a surviving spouse of a decedent who was domiciled in Virginia is entitled to a homestead allowance of $15,000. If there is no spouse the homestead allowance is divided among the decedent's minor children.
The homestead allowance has priority over all claims against the estate, except the family allowance and exempt property (discussed in the preceding sections).
Unlike the family allowance and exempt property, the homestead allowance is in lieu of any share passing to the surviving spouse or minor children by will or intestate succession, except if the amount passing to them is less than $15,000, the homestead allowance may be used to make up the difference.
Also, if the surviving spouse claims and receives an elective share (discussed in the next section), the surviving spouse may not also receive the homestead allowance.
allowance must be claimed within 1 year from the decedent's death using
the same procedure described for family allowance and exempt property.
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