Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
In Virginia, the probate process cannot begin without the original will or any codicils. Locating and verifying these documents involves a systematic search and validation under Virginia law.
1. Conduct a Thorough Search
- Review the decedent’s personal files, home safe, desk drawers and file cabinets.
- Examine safety deposit boxes—coordinate with banks and obtain court authorization if access is restricted.
- Contact attorneys, financial planners or accountants who may hold the original will or have knowledge of its storage.
- Ask family members and close friends about any secondary copies or knowledge of codicils.
- Check digital records, encrypted filing systems and cloud storage for scanned originals or notes.
2. Search the Clerk’s Office for Voluntarily Deposited Wills
Under Virginia Code § 64.2-461, an individual may voluntarily deposit their will with the clerk of the circuit court. To search:
- Visit the circuit court clerk’s office in the decedent’s last residence county.
- Submit a formal request or letter of inquiry to determine if a will has been deposited.
- Provide identifying information, such as full name and date of birth, to assist the clerk’s search.
3. Verify Authenticity of the Original
- Ensure the document bears the decedent’s original signature dated and witnessed in compliance with Virginia Code § 64.2-404.
- Confirm the presence of an attestation clause signed by at least two competent witnesses.
- Compare handwriting and signature with known samples, if available.
- Obtain affidavits from subscribing witnesses to confirm the will’s execution.
- Check for endorsements or court stamps if previously registered or filed.
4. Handling a Missing Original
If the original cannot be found, Virginia law provides a remedy to admit a copy. Under Virginia Code § 64.2-477, you may file a petition to probate a lost will by presenting a copy and witness affidavits explaining the loss and verifying its contents.
Helpful Hints
- Keep a detailed log of all locations and persons contacted during your search.
- Label and store any found documents in a safe, accessible place for probate.
- Request certified copies from the clerk’s office if the original is at risk of damage.
- Engage an experienced probate attorney to guide you through lost-will proceedings.
- Consider digital scanning and secure cloud storage for future document preservation.