Step-by-step FAQ: Submitting an Original Will to a Virginia Probate Court from Another State

Short answer: File the original will and a probate petition with the circuit court in the Virginia locality where the decedent lived (or where Virginia real property is located). Include a certified death certificate, the original will (and any self-proving affidavit), the required filing fee, and qualification paperwork for the nominated personal representative. Many out-of-state filers mail the documents to the clerk or hire a local attorney to file and appear for required hearings. See Virginia probate rules in Title 64.2 of the Virginia Code: https://law.lis.virginia.gov/vacode/title64.2/.

Detailed answer (what to do, in order)

1. Confirm the correct Virginia court (venue).

   File in the circuit court for the county or city where the decedent was domiciled (their primary residence) at death. If the decedent was domiciled outside Virginia but owned real property in Virginia, you may need to open an ancillary probate in the circuit court where the property is located. For general probate rules, see Title 64.2 of the Virginia Code: https://law.lis.virginia.gov/vacode/title64.2/.

2. Gather required documents before you send anything.
   • Original will (the court typically keeps the original).
   • Certified copy of the death certificate.
   • Any self-proving affidavit executed with the will (this speeds admission without witness testimony).
   • A completed petition or application to probate the will. Many circuit courts provide a local form or guidance—call the clerk to ask what they require.
   • Contact information for the nominated personal representative and beneficiaries/heirs.
3. Self-proved wills and witness testimony.

   If the will includes a properly executed self-proving affidavit, the court can often admit it without calling witnesses. Virginia recognizes self-proved wills; ask the clerk whether the will before you is self-proved and how that affects admission. (See Title 64.2 of the Virginia Code for governing provisions: https://law.lis.virginia.gov/vacode/title64.2/.)

4. Complete the personal representative qualification paperwork.

   If you are the nominated personal representative (executor), courts require you to qualify before acting. Qualification typically involves an oath and a filing indicating acceptance. Some clerks accept a sworn affidavit or an oath notarized before a notary public and sent by mail; others may require the oath in court or require a local attorney to appear. If a surety (bond) is required, the clerk will tell you the amount and whether the will waives bond (many wills include a bond waiver clause).

5. File the petition and deliver the original will to the clerk.

   Mail or deliver the original will and probate petition, the certified death certificate, and the filing fee to the circuit court clerk. Use overnight courier or certified mail so you have tracking and proof of delivery. Ask the clerk if they will accept filings by mail and what forms they need. Keep stamped copies of everything you send.

6. Handle hearings and witness issues from out of state.

   If the will is not self-proved, the court may schedule a hearing to take testimony from attesting witnesses. If witnesses cannot appear in Virginia, the court may accept their deposition, sworn statements, or testimony by telephone or video, but this is at the court’s discretion. If witnesses are unavailable, a local attorney can help develop alternative proof strategies.

7. Consider hiring a local Virginia attorney.

   Out-of-state executors commonly hire a Virginia probate attorney to file paperwork, appear at hearings, qualify the personal representative, and handle bond issues and administration. An attorney can often avoid repeated travel and make sure you meet local practice and filing nuances.

8. Ancillary probate (if the decedent lived elsewhere).

   If the decedent’s domicile was in another state but they owned Virginia real estate, you may need to open an ancillary probate to clear title or sell the property. The circuit court where the property sits handles that limited proceeding. A local attorney is particularly helpful for ancillary matters.

9. Follow the clerk’s directions and keep records.

   Every circuit court clerk’s office can explain local fees, required forms, whether remote oaths or video appearances are allowed, and hearing scheduling. Keep copies and delivery receipts of everything you send.

Common documents to include when you mail a probate filing from out of state

• Original will (clearly labeled).
• Certified death certificate (original or certified copy).
• Probate petition or application (local court form if available).
• Self-proving affidavit (if present) or witness contact info if no self-proof.
• Personal representative acceptance/qualification form and notarized oath if the clerk permits.
• Bond documents if a bond is required and not waived by the will.
• Check for the filing fee (or ask the clerk to invoice you).

Helpful hints

• Contact the circuit court clerk first. Ask about local forms, fees, and whether they accept mailed filings and notarized oaths. Clerks are a practical resource for procedure (not legal advice).
• If the will includes a self-proving affidavit, the admission process is usually faster and may avoid witness testimony. Check the original will for a notary and witnesses’ jurat.
• Send the original will by a traceable, insured method. The court will normally keep the original will as part of the court file.
• If you are the nominated personal representative but live outside Virginia, consider appointing a local co-representative or hiring a Virginia attorney to act as agent for filings and hearings.
• Keep multiple certified copies of the death certificate; the court and other institutions (banks, title companies) will request certified copies.
• Be prepared for a hearing if the will is contested or not self-proved. Out-of-state witnesses complicate scheduling and proof; a local attorney can help secure depositions or sworn statements.
• For estates with only Virginia real property but a non-Virginia domicile, expect ancillary probate rules and contact a Virginia attorney experienced in ancillary administration.

Where to find forms and statutes

Virginia statutes governing wills and probate are in Title 64.2 of the Virginia Code: https://law.lis.virginia.gov/vacode/title64.2/. For local procedures and forms, contact the clerk of the circuit court where you plan to file. Many clerk’s offices post probate forms and instruction sheets on their county or city websites.

When to hire an attorney

Hire a Virginia probate attorney if any of the following apply: the will is contested, witnesses are unavailable, you need to qualify as a nonresident personal representative and the clerk requires in-court qualification, the estate owns significant Virginia real property, or you want someone to handle filing, notices, and administration without travel. An attorney can often complete the filing and attend hearings in your place.