How Can Original Wills and Codicils Be Located and Verified Before Opening Probate in Virginia? | Virginia Estate Planning | FastCounsel
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How Can Original Wills and Codicils Be Located and Verified Before Opening Probate in Virginia?

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.