Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When you open probate in Virginia, you must locate and submit the decedent’s original will—or, if unavailable, a certified filed copy—to the circuit court. Follow these steps to fulfill the requirement under Virginia law.
1. Locate the Original Will
Start by searching the decedent’s personal records: safes, filing cabinets, bank safe deposit boxes or home offices. If the decedent used an estate planning attorney, contact that firm to see if they hold the original will or a certified copy.
2. Request a Certified Filed Copy
If the will was filed earlier with the circuit court, you can obtain a certified copy. Under Code § 64.2-415, any interested person may request certified copies from the clerk’s office.
3. Obtain the Certified Copy from the Clerk
- Identify the correct circuit court by the decedent’s residence county.
- Submit a written request with the decedent’s full name, date of death and any case number.
- Pay the clerk’s fee for certification.
- Receive the copy bearing the court seal.
4. File in Probate Administration
- Attach the original will or certified copy to your probate petition in the circuit court’s clerk office.
- If the original will is lost, file a petition under Code § 64.2-417 for proof of lost will. Collect affidavits from those who witnessed or handled the original.
- Provide notice to interested parties as required by Code § 64.2-460.
- Attend the probate hearing and present the will for validation.
Helpful Hints
- Order multiple certified copies; banks and other institutions often require sealed originals.
- Document each transfer of the will to maintain a clear chain of custody.
- If the original remains lost, secure sworn statements from people who can attest to its authenticity and contents.
- Check local circuit court websites for forms and fee schedules.
- File challenges within Virginia’s five-year statute of limitations for will contests under Code § 64.2-801.