Virginia § 64.2-449 Procedure in probate proceedings

Virginia Statutes

§ 64.2-449 — Procedure in probate proceedings

Virginia § 64.2-449

JurisdictionVirginia

Title 64.2WILLS, TRUSTS, AND FIDUCIARIES

Subtitle IIWILLS AND DECEDENTS' ESTATES

Ch. 4WILLS

Art. 5PROBATE

This text of Virginia § 64.2-449 (Procedure in probate proceedings) is published on Counsel Stack Legal Research, covering Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Va. Code Ann. § 64.2-449 (2026).

Text

A.In every probate proceeding, the court or clerk may require all testamentary papers of the testator be produced and may compel the production of the will of a testator that is in the custody of any person.

B.A summons may be served by an order of publication on any person interested in the probate of the will in accordance with § 8.01-316.

C.The court may appoint a guardian ad litem for any person interested in the probate of the will in accordance with § 8.01-9.

D.The record of the testimony given by witnesses in court on the motion to admit a will to probate and any out of court depositions of witnesses who cannot be produced at a jury trial may be admitted as evidence and given such weight as the jury deems proper.

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A. In every probate proceeding, the court or clerk may require all testamentary papers of the testator be produced and may compel the production of the will of a testator that is in the custody of any person.

B. A summons may be served by an order of publication on any person interested in the probate of the will in accordance with § 8.01-316.

C. The court may appoint a guardian ad litem for any person interested in the probate of the will in accordance with § 8.01-9.

D. The record of the testimony given by witnesses in court on the motion to admit a will to probate and any out of court depositions of witnesses who cannot be produced at a jury trial may be admitted as evidence and given such weight as the jury deems proper.