Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
Under Virginia law, probating an old will discovered decades after execution involves proving its authenticity, confirming valid execution, and following proper court procedures. Follow these steps:
1. Secure the original will
Bring the original document to the Circuit Court of the decedent’s domicile. Virginia requires a written will signed by the testator and attested by two credible witnesses. (See Va. Code § 64.2-502.) If the will includes a self-proving affidavit, the court may admit it without contacting the witnesses. (See Va. Code § 64.2-508.)
2. Determine jurisdiction and file a petition
File a petition for probate in the Circuit Court where the decedent resided at death. Attach the original will, a certified copy of the death certificate, and a list of interested parties. Virginia Code § 64.2-610 outlines the required petition contents. (See Va. Code § 64.2-610.)
3. Prove the will’s validity
If the attesting witnesses are alive, secure their sworn affidavits confirming they observed the testator sign the will. If witnesses are unavailable or deceased, present secondary evidence under the “lost will” provision. You must establish that the original was not revoked and that any copy accurately reflects the testator’s intent. (See Va. Code § 64.2-705.)
4. Provide notice and attend the hearing
The court clerk will schedule a probate hearing and require notice to all heirs, devisees, and known creditors. Interested parties have an opportunity to contest. If no valid objections arise, the judge admits the will to probate and issues letters testamentary or letters of administration with the will annexed.
5. Administer the estate
As executor or administrator, you must file an inventory of estate assets within five months and settle outstanding debts before distributing property to beneficiaries under the will’s terms.
Helpful Hints
- Retain certified copies of the death certificate and any witness affidavits with your court records.
- Identify and notify all potential heirs and known creditors promptly to avoid probate delays.
- Review local court rules for specific filing fees and required probate forms.
- Consider consulting a probate attorney if disputes arise or witnesses cannot be located.
- Maintain detailed records of all estate transactions for the final accounting.