If the title to any property to which this article applies is held by the surviving spouse at the time of the decedent's death, the personal representative or an heir or devisee of the decedent may institute an action to perfect title to the property. The personal representative has no fiduciary duty to discover or attempt to discover whether any property held by the surviving spouse is property to which this article applies, unless a written demand is made by an heir, devisee, or creditor of the decedent.
1982, c. 456, § 64.1-201; 2012, c. 614.
Structure Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
Chapter 3 - Rights of Married Persons
§ 64.2-300. Applicability; definitions
§ 64.2-301. Dower or curtesy abolished
§ 64.2-302. When and how elective share may be claimed by surviving spouse
§ 64.2-304. Rights upon claiming an elective share
§ 64.2-305. Augmented estate; exclusions; valuation
§ 64.2-307. Rights in family residence
§ 64.2-308. Statutory rights barred by desertion or abandonment
§ 64.2-308.1. Applicability; definitions
§ 64.2-308.2. Dower or curtesy abolished
§ 64.2-308.3. Elective share amount; effect of election on statutory benefits; non-domiciliary
§ 64.2-308.4. Composition of the augmented estate; marital property portion
§ 64.2-308.5. Decedent's net probate estate
§ 64.2-308.6. Decedent's non-probate transfers to others
§ 64.2-308.7. Decedent's non-probate transfers to the surviving spouse
§ 64.2-308.8. Surviving spouse's property and non-probate transfers to others
§ 64.2-308.9. Exclusions, valuation, and overlapping application
§ 64.2-308.10. Sources from which elective share payable
§ 64.2-308.11. Personal liability of recipients
§ 64.2-308.12. Proceeding for elective share; time limit
§ 64.2-308.13. Right of election personal to surviving spouse; incapacitated surviving spouse
§ 64.2-308.14. Waiver of right to elect and of other rights; defenses
§ 64.2-308.15. Protection of payors and other third parties
§ 64.2-308.16. Rights in family residence
§ 64.2-308.17. Statutory rights barred by desertion or abandonment
§ 64.2-311. Homestead allowance
§ 64.2-313. When and how exempt property and allowances may be claimed
§ 64.2-317. Disposition upon death
§ 64.2-318. Perfection of title of surviving spouse
§ 64.2-319. Perfection of title of personal representative, heir or devisee
§ 64.2-320. Purchaser for value or lender
§ 64.2-322. Acts of married persons