Legal Question in Wills and Trusts in Virginia

The elective share must be claimed within six months of the will

being filed for probate or an administrator appointed to probate

the willless estate unless the surviving spouse-claimant makes

appropriate application to the court for an extension of up to 90 days

in order to resolve any ambiguities in the will. (Va. Code Sec. 64.1-14)

Furthermore, it should be noted that the claimant is not required to reach an agreement with other beneficiaries under the will or intestate estate as to what elective share s/he shall claim.

Making a claim for an elective share of a decedent spouse's estate has no legal relationship whatsoever (in the sense of "opening the door") as to whether some other individual may decide to mount a challenge to the will at issue within the time frame alloted by the relevant statute (which I believe is also 180 days). A challenge to a particular will can occur irrespective as to

whether or not a surviving spouse of the decedent makes such a claim to

an elective share of the decedent spouse's estate.