How Can Original Wills and Codicils Be Located and Verified Before Opening Probate in Virginia?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

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.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.