Detailed Answer
When a spouse or minor child seeks a year’s allowance under Virginia law, they claim specific personal property from the estate up to a statutory value. Under Va. Code § 64.2-308, you may select up to $18,000 worth of personal items and cash as part of the year’s allowance. To secure these items, you must list them clearly in your allowance application.
Meanwhile, the estate’s executor or administrator files a comprehensive inventory of all personal property under Va. Code § 64.2-114. That inventory identifies the universe of assets. As the claimant, you do not list every piece of the estate’s property yourself—only the items you wish to receive under the year’s allowance.
Your application should describe each selected item “so far as practicable,” including type, quantity, location, and appraised value. If you omit required details or fail to specify items, the court may award you a cash equivalent instead of specific assets. Listing particular assets helps avoid disputes and ensures you receive the items you need.
In practice, you should:
- Review the executor’s inventory to identify eligible items.
- Obtain fair market valuations for each item you intend to claim.
- Itemize descriptions—e.g., “four-drawer wooden dresser (bedroom), appraised at $800.”
- File your application in the probate court within six months of appointment of the personal representative.
Helpful Hints
- Compare your list to the estate inventory to avoid overlap or omissions.
- Keep copies of appraisals and invoices to support values.
- Ask the executor for an updated inventory if values or locations change.
- Consider professional appraisal for high-value items (jewelry, antiques).
- Consult a probate attorney to ensure your application meets court standards.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.