Detailed Answer
Under Virginia law, you can prove a will in either common form or solemn form. Each path affects how final the probate is and how long someone has to challenge the will’s validity.
Common Form Probate
Common form probate allows the clerk of the circuit court to admit a will based on the oaths of the executor or one credible witness. Key points include:
- Statute: Va. Code § 64.2-403 (view text).
- Evidence: One credible witness or a self-proving affidavit.
- Contest Period: Interested parties have two years from the date of probate to file a caveat or suit to contest the will.
- Revocation Window: The will remains revocable during that two-year period.
- Record: The court issues letters testamentary once the will is admitted.
Solemn Form Probate
Solemn form probate provides a conclusive proof that cannot be contested later. Its features include:
- Statute: Va. Code § 64.2-405 (view text).
- Evidence: Oath of two competent witnesses who saw the testator sign or heard an acknowledgment.
- No Contest Period: Once the court admits a will in solemn form, no one may contest its validity later.
- Finality: This probate is final and binding on all parties, even after the executor distributes assets.
Why Choose One Over the Other?
Executors often opt for common form probate because it moves faster and requires fewer witnesses. However, if you expect a will contest or want absolute certainty, solemn form probate offers greater finality.
Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Always consult a qualified attorney about your specific situation.
Helpful Hints
- File your petition in the circuit court where the decedent lived.
- Gather witness affidavits before filing to speed up common form probate.
- Consider solemn form if heirs or beneficiaries could challenge the will.
- Track the two-year contest deadline if you choose common form probate.
- Keep certified copies of letters testamentary for banks and title companies.